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[1. Call Meeting To Order/Roll Call]

[00:00:03]

GOOD EVENING EVERYONE.

AND, UH, FIRST OF ALL, HAPPY NEW YEAR AND, UH, THANK YOU FOR ALL OF OUR STAFF AND, UH, THOSE OF THE AUDIENCE THAT ARE ATTENDING THIS EVENING.

THIS IS THE, UH, FIRST CITY COUNCIL WORK SESSION OF 2023.

TODAY'S DATE IS JANUARY 3RD.

WE'RE GETTING STARTED RIGHT AT 6:00 PM THIS MEETING IS OFFICIALLY CALLED TO ORDER.

SO TONY, IF YOU WOULD CALL THE ROLL PLEASE, SIR.

MR. SHAW? HERE.

MS. BAKER? HERE.

MR. CAMPBELL? HERE.

MRS. BURGE? HERE.

MR. OTTO? HERE.

MR. LYONS HERE.

THIS IS KITCHEN.

HERE.

MR. WEBB? HERE.

MAYOR GORE HERE.

NEXT UP IS ITEM

[2. Approval Of Minutes]

NUMBER TWO.

UH, TWO A IS THE APPROVAL OF MINUTES FOR THE DECEMBER 6TH, 2022, UH, WORK SECTION.

SO THOSE MINUTES HAVE BEEN DISTRIBUTED.

EVERYONE'S HAD AN OPPORTUNITY TO GO OVER THEM.

ARE ANY QUESTIONS, CONCERNS, CORRECTIONS? NOT THOSE MINUTES WILL STAND AS APPROVED.

OKAY, SEEING NONE, THOSE DECEMBER 6TH MINUTES ARE APPROVED.

NEXT IS ITEM THREE,

[ City Manager Report]

WHICH IS OUR DISCUSSION TOPICS OF THE SEATING.

AND ITEM THREE A IS OUR CITY MANAGER'S REPORT.

BRIAN, GOOD TO SEE YOU.

HAPPY NEW YEAR, SIR.

SIR, HAPPY NEW NEW YEAR.

UH, HAPPY NEW YEAR TO YOU AND COUNSEL AS WELL.

UH, TWO ITEMS FOR COUNSEL'S ATTENTION TONIGHT.

UH, FIRST I JUST WANT TO, UH, MENTION THE, UH, MLK UNITY WALK AND PROGRAM, AND THAT'LL BE COMING UP ON MONDAY, JANUARY 16TH AT THE HIGH SCHOOL.

UH, THE UNITY WALK.

WE'LL BEGIN AT NINE 30, UH, ON THE TRACK, AND THE PROGRAM WILL BEGIN AT 11:00 AM IN THE PERFORMING ARTS CENTER.

UH, THE SECOND ITEM IS, UH, I WANNA TALK TO COUNSEL ABOUT IS THE, UH, INTERSECTION OF OLD TROY PIKE, UH, AND MERRILEE WAY.

I KNOW THROUGH THE HOLIDAYS, UH, BOTH WITH THE, UH, THE TRAFFIC CONGESTION FOR THE SHOPPING, AS WELL AS, UH, THE, UH, THE TRAFFIC, UH, THAT'S ASSOCIATED WITH WARMER WEATHER AT THAT LOCATION.

UH, IT'S COME TO MY ATTENTION THAT, UH, THE SITUATION AS WE SEE IT WITH, UH, RESPECT TO, UH, TRAFFIC, UH, IS JUST UNTENABLE AND CAN NO LONGER REMAIN UNADDRESSED.

SO, UH, HAVING SPOKEN WITH STAFF, I WANNA BRING TO, UH, COUNCIL'S ATTENTION.

A COUPLE OF THINGS THAT WE'RE LOOKING TO DO, UM, IN THE NEAR, IN THE NEAR FUTURE, AS WELL AS IN THE LONG, UH, IN LONG TERM.

SO, UH, JUST TALKING ABOUT, UH, WHAT, UH, WE AS STAFF INTEND TO DO IN THE VERY NEAR FUTURE IS, UH, THE, UH, CHIEF OF POLICE, UH, HAS, UH, GONE OUT TO THE SITE, REVIEWED AND EVALUATED THE SITE, UH, AND HAS SUGGESTED THAT A SPECIAL PATROL DETAIL BE ASSIGNED TO THAT LOCATION FOR THE NEXT 30 DAYS.

UH, AND, UH, THAT, UH, THAT ASSIGNMENT WILL BE FOR SEVEN, ALL SEVEN DAYS OF THE WEEK.

UH, AND IT WILL BEGIN ON JANUARY 5TH AND END FEBRUARY 5TH.

UH, THE PERIOD OF ENFORCEMENT WILL BE FROM 10:00 AM UNTIL 6:00 PM UH, AND IT WILL INVOLVE TWO UNIFORMED OFFICERS AND MARKED CARS, UH, PATROLLING THAT INTERSECTION AND MAKING SURE THAT PEOPLE ARE INDEED, UH, OBEYING THE TRAFFIC, UH, CONTROL DEVICE.

AND, UH, THAT, UH, THE INTERSECTION IS REMAINING CLEAR AND, UH, AND, UH, OPEN TO TRAFFIC.

ADDITIONAL SIGNAGE HAS BEEN REQUESTED, UH, AND WILL BE PASSED ON TO PUBLIC WORKS, UH, FOR POSTING.

AND THAT'LL BE TO INCREASE THE HEIGHT OF THE DO NOT BLOCK INTERSECTION SIGNS AT THAT LOCATION, UH, SO THAT THEY'RE VISIBLE, UH, TO FOLKS WHO ARE NOT IMMEDIATELY AT THE INTERSECTION.

UH, WE'LL BE POSTING SOME DO NOT BLOCK ROADWAY SIGNS, UH, NEAR THE FLYING.

HE SAYS CARWASH.

AND THEN WE'LL ALSO REQUEST NO STANDING SIGNS, EXCUSE ME.

WE'LL ALSO PLACE, UH, NO STANDING SIGNS, UH, ON THE SOUTH SIDE OF MERRI LEEWAY BETWEEN THE INTERSECTION AND THE CARWASH.

UH, SO THAT, UH, IN THE EVENT THERE IS ANY STACKING OUT ON THE ROAD, UH, OFFICERS IN THE AREA WILL BE ABLE TO ADDRESS THAT, UH, WITH WARNINGS OR CITATIONS SHOULD THEY CHOOSE, UH, FOLLOWING THE 30 DAY PERIOD, UH, WHAT, UH, WHAT INFORMATION IS DISCOVERED FROM THOSE CITATIONS.

AND THOSE INTERACTIONS WILL BE REVIEWED AND EVALUATED BY COMMAND STAFF OVER AT THE POLICE DEPARTMENT.

UH, THEN THE CHIEF AND I WILL SIT DOWN AND REVIEW AND EVALUATE THE DATA, UH, AND WE WILL MAKE FURTHER RECOMMENDATIONS AND DETERMINATIONS ON HOW TO CONTINUE TO ADDRESS THAT INTERSECTION, UH, UNTIL WE CAN GET TO A MORE PERMANENT, UH, LONG-TERM SOLUTION.

UH, ON THAT'S ON THE ACTION, UH, ON THE IMMEDIATE ACTION SIDE OF WHAT IT IS, UH, WE ARE LOOKING TO DO, UM, IN THE LONGER TERM.

UH, WE ARE ALSO GOING TO, UH, WE WOULD LIKE TO ENGAGE T E C ENGINEERING.

THEY ARE THE LOCAL ENGINEERING FIRM WITH THE MOST, UH, AUTHORITY, UH, WITH THE MOST KNOWLEDGE, UH, WHEN IT COMES TO, UH, TRAFFIC CONTROL AND TRAFFIC MANAGEMENT.

UH, WE HAVE ASKED THEM FOR A, UH, PROPOSAL, WHICH, UH, WE WOULD LIKE TO PRESENT TO COUNSEL ON MONDAY.

SO, UH, THIS IS A REQUEST, UH, THAT, UH, WE'LL BE MAKING TO MODIFY THE AGENDA FOR MONDAY.

BUT WE WOULD LIKE FOR COUNCIL TO ENGAGE T E C ENGINEERING TO DO A FULL TRAFFIC COUNT AND SURVEY OF THAT INTERSECTION SO THAT WE CAN UNDERSTAND HOW MANY VEHICLES ARE COMING AND GOING AND AT WHAT TIMES THROUGH THAT INTERSECTION.

AND WE WILL ALSO BE ASKING THEM TO PROVIDE SOME PRELIMINARY OPTION ANALYSIS, UH, OF WHAT, UH, MIGHT BE POTENTIAL SOLUTIONS TO, UH, OUR TRAFFIC CONGESTION AT THAT PARTICULAR LOCATION.

SO WHETHER OR NOT, UM,

[00:05:01]

SO WHETHER OR NOT THAT THAT MIGHT BE, UM, MODIFYING MERRILY WAY IN SOME WAY, SHAPE OR FORM TO CONNECT IT TO THE NEW DEVELOPMENT THAT'S GOING INTO THE IMMEDIATE SOUTH, OR WHETHER OR NOT THAT'S PUSHING IT, UH, THROUGH TO THE FURTHER EAST TO CONNECT TO MOUNT HOOD, OR WHETHER OR NOT IT'S MODIFICATIONS TO, UH, WAYNE TOWN BOULEVARD.

AND, UM, THE PRIVATE DRIVE THAT RUNS PARALLEL ALONG THAT, UH, ALONG ULTRA PIKE AT THAT LOCATION.

THOSE ARE ALL THE, UH, RECOMMENDATIONS THAT WE'LL BE ASKING T E C TO WEIGH IN ON, AS WELL AS ANY OTHER ADDITIONAL, UH, POTENTIAL OUTCOMES THAT THROUGH THEIR EXPERIENCE, UH, THEY MIGHT IDENTIFY THROUGH THAT, UH, THROUGH THAT STUDY.

SO THAT'S WHAT WE AS STAFF ARE DOING AT THIS POINT IN TIME TO ADDRESS THE CONCERNS, UH, OF THE COMMUNITY AS IT RELATES TO TRAFFIC CONTROL AT THAT LOCATION.

SO, UH, I JUST WANTED EVERYBODY TO KNOW HERE AT COUNCIL THAT, UH, WE ARE, ARE TRYING TO BE ATTENTIVE TO THIS MATTER AS WE CAN, UH, BASED ON WHAT WE'VE SEEN HAPPEN OVER THE LAST FEW WEEKS, UH, AND LET EVERYBODY KNOW THAT THIS ISN'T SOMETHING THAT, UM, UH, WE'RE GONNA SIT ON AND, UH, ALLOW TO CONTINUE TO HAPPEN.

UH, THERE ARE ALSO SOME OTHER IMPROVEMENTS THAT WE'RE PLANNING TO MAKE, UM, ON MERRI LEE WAY, UH, AND, UH, AS WELL AS ON OLD TROY PIKE.

UM, RUSS, UM, I DON'T WANNA PUT YOU ON THE SPOT, BUT IF YOU WOULDN'T MIND IF YOU COULD JUST BRIEF, UM, CITY COUNCIL, UH, ON THE PLANNED IMPROVEMENTS, UH, AND WHEN THOSE ARE GONNA BE HAPPENING AND, AND WHAT THOSE LOOK LIKE.

OKAY, ONE THING, FIRST I'D LIKE TO PASS THIS OUT.

I PUT IT UP THERE GUYS, SHOWS THE INTERSECTION WITH MARY WAY AND OLD TROY PIKE AND THE IMPROVEMENTS THAT GONNA HAPPEN, UH, WITHIN THE NEXT SIX MONTHS TO NINE MONTHS.

UH, WE CURRENTLY HAVE IT ALL DESIGNED NOW FOR THE WIDENING OF OLD TROY PIKE, FROM WHERE IT STOPS, UH, NEAR HUBER COURT THERE, GOING NORTH, UH, TO THE HIGHWAY RAMP.

WE ARE ADDING A RIGHT LANE ON THE EAST SIDE, THE NORTHBOUND LANE, UH, THAT DOESN'T SHOW AT ALL ON THERE, THAT SHOWS KIND OF THE INTERSECTION, BUT IT SHOWS THE, UH, WIDENING THAT'S GOING ON IN OAK TROY.

AND THAT'LL TIE IN, LIKE I SAID, TO THE RAMP THAT GOES TO THE HIGHWAY.

UM, THE WIDENING WE'VE, I'M SHOWING ON THERE, THE MAIN REASON I'VE HANDED THAT OUT IS FOR MERRI WAY.

AS YOU CAN SEE, UH, IN FRONT OF MCDONALD'S ON MERRILEE WAY, THERE IS A TAPER THERE NOW, BUT WE'RE GOING TO WIDEN THE ROAD TO GET IT PAST THE ENTRANCE INTO THE CAR WASH.

SO THAT'LL ADD ANOTHER LANE UP TO THE CAR WASH, HOPEFULLY FOR STORAGE MORE THAN ANYTHING ELSE, AND TO KEEP, HOPEFULLY THE CARS IN THE RIGHT LANE FOR OTHER CARS TO GO, OTHER PLACES TO GO BUY 'EM.

AND THEN ON THE OTHER SIDE OF THE ROAD ON RV'S, BOTH SIDES OF ARBY'S ON OLD TROY PIKE AND ON MOVING WAY ARE TO BE WIDENED AND IT'LL CREATE ANOTHER RIGHT TURN LANE THERE AT ARBY'S, HOPING THE SAME REASON TO, MAINLY FOR STORAGE, BUT ALSO FOR POSSIBLY TWO CARS TURNING RIGHT OUT OF MERRI LEEWAY RATHER THAN JUST THE ONE LANE.

AND HOPEFULLY KEEP THE CARS MOVING.

UM, THAT'S WHAT'S GONNA BE HAPPENING WITH THE PROJECT.

WE'RE, UH, READY TO BID OUT PROBABLY IN THE NEXT COUPLE WEEKS.

AND, UH, I'M NOT SURE, I MIGHT HAVE TO BRING IT TO COUNCIL.

IF I DO, I'LL BRING IT THE NEXT COUNCIL MEETING OR ONE AFTER THAT TO GO OUT TO BID.

UM, AND HOPEFULLY WE CAN GET A CONTRACTOR AND, AND GET IT STARTED.

I KNOW THE MASKED ARMS ARE A SIX MONTH WAITING PERIOD, BUT I KNOW THEY CAN DO CONSTRUCTION WHILE THEY'RE WAITING ON THOSE.

SO, UH, AND THEY CAN'T REALLY ORDER THOSE AHEAD OF TIME UNTIL THE CONTRACTOR ORDERS THEM.

IN THIS CASE, WE CAN'T REALLY ORDER THOSE AHEAD OF TIME.

UM, I DON'T KNOW IF THEY'RE FINALIZED YET ANYWAYS, AS FAR AS THE PLANS ARE CONCERNED.

SO THAT'S THE, THE STATUS OF THAT.

RIGHT NOW MY, WITH THIS STUDY, ONE THING I'M GONNA ASK THEM IS TO LOOK AT THE HIGHWAY.

MY STILL, MY BIGGEST OPINION IS THAT WE TRY TO GET ODOT TO SOMEDAY WIDEN THE, THE BRIDGE ITSELF GOING NORTHBOUND AND OUTTA LANE.

I THINK THAT'S WHAT THE BIG THING THAT'S NEEDED TO HELP OUR WHOLE TRAFFIC SITUATION IN THAT AREA, CUZ THERE'S JUST TOO MUCH, TOO MUCH VOLUME AND, UH, THEY'RE NOT GETTING OVER.

MERRILY WAY IS TOO CLOSE TO THE HIGHWAY.

THAT'S THE BIGGER PROBLEM THERE TOO.

UM, THERE'S TOO MANY CARS ALL IN THE SAME AREA.

UH, ADDING A LANE WOULD REALLY, YOU KNOW, OBVIOUSLY HELP THAT GET 'EM OVER THE HIGHWAY.

UM, SO WE'RE GONNA LOOK INTO THAT TOO.

AND HE'S, HE THIS, UH, THE GENTLE I I DEAL WITH THE TC, UH, WORKS WITH ODOT ALL THE TIME, SO I'M GONNA SEE WHETHER THEY CAN GET SOMETHING STARTED WITH ODOT TO SEE, I KNOW BEFORE IT WAS, THE TRAFFIC COUNTS WEREN'T HIGH ENOUGH TO JUSTIFY IT, BUT WITH THIS NEW DEVELOPMENT ALL GOING IN THAT MAYBE WITH THOSE COUNTS WE CAN, UM, YOU KNOW, MAKE IT JUSTIFIED THAT WE CAN PUSH ODOT TO DO SOMETHING FOR US.

BUT THAT'S A LONG TERM PERIOD, THAT'S FIVE TO 10 YEARS AT LEAST TO DO SOMETHING.

SO I'M HOPING THIS HELPS.

THIS IS GONNA BE, I THINK THE CAR WASH ISN'T SOMETHING WE REALLY KNEW WAS GONNA HAPPEN WHEN IT CAME IN HERE.

I THINK IT WAS ZONED THE WAY IT NEEDED TO BE ZONED, AND IT NEVER WENT THROUGH PLANNING COMMISSION, I BELIEVE.

AND, UM, SO NOBODY

[00:10:01]

KNEW THAT WAS GONNA HAPPEN.

SO THE CAR WASH OBVIOUSLY IS AN ISSUE.

SO HOPEFULLY THIS'LL HELP.

THANKS, ROSS.

ANY QUESTIONS? SO JUST, WELL, SO FIRST, I MEAN, I HOPE THAT I KNOW BRIAN, YOU MENTIONED THE, THE SHORT TERM SOLUTION IS, UM, TWO UNIFORMED OFFICERS WITH MARKED CARS.

SO THAT IS THERE, I'M JUST, THERE'S NO ACTION COUNSELING TO TAKE YOU AND, UH, CHIEF AND COMMAND STAFFER TAKING CARE OF THAT ISSUE IN THE IMMEDIATE TERM, CORRECT? YES, SIR, THAT IS CORRECT.

WE JUST WANTED COUNSEL TO BE AWARE THAT WE WERE TAKING ACTION TO TRY AND BEGIN RESOLVING THIS ISSUE.

OKAY.

AND THEN THE LONG TERM, SO, AND I UNDERSTAND FROM A NODO PERSPECTIVE, MY GOSH, WHAT WE'VE JUST BEEN THROUGH JUST TRYING TO GET A, A TRAFFIC LIGHT AT BOULEVARD IN 2 0 2, UM, YOU KNOW, I WOULD LIKE TO BE ALIVE WHEN I SEE THE, THE BRIDGE GET WIDENED.

SO I HOPE THAT OUR LONG TERM SOLUTION THAT YOU'RE PROPOSING WITH T C IS SOMETHING SHORTER THAN, THAN WIDENING A BRIDGE OVER IN INTERSTATE.

UH, BUT FOR CO I JUST WANNA MAKE SURE I UNDERSTAND.

SO, COUNCIL ACTION THIS EVENING IS, UH, WE NEED TO MAKE SURE THERE'S NO OBJECTIONS TO PREPARING OR HAVING LEGISLATION READY FOR MONDAY'S MEETING FOR THE ENGINEERING, UH, OR THE, THE, THE KEY C STUDY FOR AS FAR AS THAT GOES.

SO THAT'S WHAT YOU'RE ASKING OUT OF THE CITY MAYOR'S REPORT THAT'S NOT ON THE, ON THE AGENDA, CORRECT? THAT IS CORRECT, SIR.

THIS IS AN ADDITIONAL ITEM THAT I AM ASKING COUNSEL TO CONSIDER ON MONDAY.

SO TO YOUR POINT, UH, THE, THE, THE REQUEST WOULD BE IS THERE ANY OPPOSITION FOR STAFF TO BRING THAT LEGISLATION FORWARD? OKAY.

NO ISSUES, TONY.

IT'S NOT IF THERE'S CONSENT FROM OTHERWISE.

OKAY.

ANY OBJECTIONS FROM COUNSEL TO, UH, BRINGING TOGETHER, UH, LEGISLATION ON MONDAY REGARDING A MORE LONG-TERM SOLUTION? KATE, THANK YOU MAYOR.

UM, BRIAN, IS THERE ANY WAY THAT INTERSECTION SHOULD BE MARKED WITH THE DO NOT CROSS LINES AS, AS DO NOT BLOCK AND THAT LIKE THEY DO IN OTHER CITIES? WOULD THAT BE POSSIBLE? IT'S WARM ENOUGH TO PAINT 60 DEGREES.

WE'LL, WE'LL HAVE A CONVERSATION INTERNALLY, MA'AM, ABOUT WHAT'S THE BEST WAY TO DO THAT.

AND IF THAT IS, UM, THE OPTION, THEN WE'LL PROCEED WITH THAT, BUT, OKAY.

AND THE, AND THEY WILL BE TICKETED FOR BLOCKING THE INTERSECTION OR WHAT'S THE, UM, I'LL DEFER TO THE, THE CHIEF ON WHAT THE EXACT STRATEGY IS, BUT THE ISSUE IS TO BRING TO EVERYONE'S ATTENTION THAT THE INTERSECTION NEEDS TO BE FREE AND CLEAR OF OBSTRUCTIONS, UM, THROUGH THE SIGNAL CYCLES AND THAT WE NEED TO BE MOVING FOLKS, UH, TO THEIR DESTINATION.

SURE.

THANK YOU.

OBJECTION.

THANK YOU.

TAKE CARE OF THIS.

YES, RICHARD? THANK YOU, MAYOR.

TO SPEAK ON THE OBJECTION PIECES.

I HAVE OTHER ITEMS WITHIN THE CITY MANAGERS REPORT TO DISCUSS AFTERWARDS.

UM, DO WE KNOW WHEN THE LAST TRAFFIC STUDY WAS DONE, UH, AND WHO IT WAS DONE BY, UH, IN THAT AREA? UH, A FEW YEARS AGO WE DID A TRAFFIC STUDY TO, UH, REFINE OR, OR UPDATE THE, UH, TIMING ON ALL THE LIGHTS UP THERE.

AND SO THAT WAS MY RECOLLECTION.

AND RUSS, IF WE SAY A FEW YEARS, I WANT TO SAY 20 18, 20 19.

DOES THAT SOUND ABOUT RIGHT? YES.

YEAH.

SO, AND, AND I GUESS THAT'S, THAT'S KIND OF MY BIG PUSH RIGHT NOW IS, YOU KNOW, WE, WE SAY WE DIDN'T KNOW ABOUT THE CAR WASH.

WE'VE ALL KNOWN ABOUT THIS CAR WASH.

AS A MATTER OF FACT, THERE WAS CONVERSATION BEFORE THE CAR WASH EVEN CAME IN, UM, ABOUT WHY'D YOU APPROVE THAT OR WHY'D YOU LET THAT GO IN? THAT SORT OF THING.

AND THESE ARE COMMENTS THAT I'VE RECEIVED AND, AND I I KNOW OTHERS ON THE DIOCESE SIDE, SO I I THINK WE'VE ALL KNOWN THIS CAR WASH HAS BEEN AN ISSUE FOR QUITE SOME TIME, AND WE'VE MADE SLOW PROGRESSION IN MAKING, UH, NO, UH, NO PARKING ON MARY LEEWAY.

WE KNOW THAT WAS AN ISSUE BEFORE.

RIGHT? UM, BUT WE'VE MADE SOME, UH, SOME, YOU KNOW, ADJUSTMENTS ON WAYNE TOWN SIDE, UM, BY, YOU KNOW, MARKING SOME, UH, SOME INDIVIDUAL LINES AND THINGS OF THAT NATURE.

I'M JUST WONDERING IF WE ALREADY HAVE THE STUDY, WE KNOW WHAT THE PROBLEM IS EXACTLY, WHAT IS TCE GOING TO BE ABLE TO PROVIDE US THAT THIS COUNCIL ALREADY KNOWS THAT THERE'S A TRAFFIC ISSUE THERE? I THINK THEY'RE TRYING TO LOOK AT ALTERNATIVES TO, UM, HELPING OUT THE INTERSECTION EITHER, UH, GOING OFF THE END OF MERE LEEWAY OFF THE CUL-DE-SAC AND CONNECTING INTO THAT WAS IN SOMETHING THAT WAS BROUGHT UP A WHILE BACK.

WHETHER THAT'S AN OPTION, I THINK IT'S OPTIONS THAT ARE NOT JUST FIXING THE INTERSECTION BUT DOING SOMETHING OUTSIDE THAT INTERSECTION TO IMPROVE THE TRAFFIC AT THE INTERSECTION.

IS IT YOUR OPINION, AND, AND BRIAN, MAYBE THIS IS TO YOU AS WELL AS THE STAFF'S OPINION, THAT THIS INFORMATION, THIS TRAFFIC COUNT WILL BE ABLE TO ASSIST US WITH MOVEMENT WITH ODOT, UH, FOR ADDITIONAL ENHANCEMENTS? UH, I DON'T, I DON'T KNOW IF I OR RUSS COULD EVER SPEAK FOR ODOT, BUT THE, UH, UH, BUT, BUT THE GOAL OF THIS IS TO PROVIDE UPDATED INFORMATION TO ODOT IN THE EVENT THAT UPDATED INFORMATION, UM, MOVES THEIR POSITION ON THE ISSUE.

FROM MY PERSPECTIVE, UM, WHAT I REALLY AM LOOKING FOR FROM THIS PARTICULAR TRAFFIC STUDY OR, OR FOR THIS PARTICULAR, UH, PROCESS IS WHAT ARE THE OPTIONS THAT ARE WITHIN OUR CONTROL TO BEGIN TO EXECUTE AND IMPLEMENT THAT MIGHT BE ABLE TO RELIEVE THE TRAFFIC CONGESTION AND THE, AND IMPROVE TRAFFIC FLOW THROUGH THAT AREA.

[00:15:01]

ABSENT INVOLVEMENT FROM ODOT, ULTIMATELY WE WOULD LIKE ODOT TO BE INVOLVED.

ULTIMATELY, WE WOULD LIKE ODOT TO BE ABLE TO TAKE THIS INFORMATION AND GO, WOW, GOSH DARN IT, MAN, THESE, THESE CAR COUNTS ARE UP.

WE'VE GOT MORE DEVELOPMENT THAT'S APPROVED.

UM, OBVIOUSLY WE ARE GONNA NEED MORE CAPACITY HERE, SO LET'S START PLANNING, UM, FOR THIS PROJECT.

UH, BUT EVEN IF WE WERE TO START PLANNING TODAY, I MEAN, AN ODOT PROJECT IS ANYWHERE OF THIS MAGNITUDE IS PROBABLY SEVEN TO 10 YEARS OUT.

SO EVEN IF ALL THINGS CAME BACK GREEN FOR ODOT TO WANT TO PROCEED, WE STILL HAVE A PROBLEM THAT NEEDS TO BE IMPLEMENT.

WE STILL HAVE A PROBLEM THAT NEEDS TO BE RESOLVED OR THAT NEEDS TO BE MITIGATED IN SOME WAY, SHAPE OR FORM AND STUDIES, UH, YOU KNOW, THE INFORMATION THAT WE WOULD GET BACK FROM THE STUDY, I THINK WOULD PROVIDE US AN OPTION THAT WE MIGHT BE ABLE TO IMPLEMENT ASIDE FROM, UH, ANY ASSISTANCE FROM ODOP THAT WOULD STILL IMPROVE THAT, THAT INTERSECTION AND THAT TRAFFIC FLOW.

SO THIS IS ABOUT US GAINING ACTIONABLE INTELLIGENCE TO DO SOMETHING ABOUT OUR PROBLEM AT THAT, AT THAT LOCATION.

THANK YOU.

ONE ADDITIONAL QUESTION.

UM, WHAT IS THE, UM, WHAT IS THE AREA IN WHICH THE TRAFFIC STUDY IS GOING TO BE REVIEWED? IS IT JUST MARY LEEWAY? ARE WE TALKING ABOUT GOING FROM, UH, UH, FROM TAYLORSVILLE TO EXECUTIVE, UH, AND COVERING THAT WHOLE ENTIRE AREA? I DON'T THINK WE WERE PLANNING ON GOING PAST THE HIGHWAY, PROBABLY FROM TAYLORSVILLE TO THE HIGHWAY, BECAUSE I DON'T REALLY THINK THE ISSUE ON THE OTHER SIDE OF THE ROAD WILL BE ANYTHING WE COULD DO TO HELP THIS ISSUE.

THE ONLY, THE ONLY REASON I BRING UP EXECUTIVE, I KNOW DURING CONCERT TIMES, UH, PEAK TIMES DURING ROSE MUSIC CENTER, THINGS OF THAT NATURE, THAT AREA CAN BE QUITE CONGESTED, OBVIOUSLY WITH A LOT OF THE TRUCK TRAFFIC COMING OFF OF EXECUTIVE THINGS OF THAT NATURE.

UM, IT WOULD BE MY REQUEST THAT WE TAKE A FULL REVIEW OF THAT AREA, UM, AS WE ARE, ARE GOING TO BE SEEING ADDITIONAL EXPANSION ON EXECUTIVE WITH ADDITIONAL BUSINESS.

AND WE'RE ALREADY DOING THIS, LET'S, YOU KNOW, LET'S GET THE BEST BANG FOR OUR BUCK.

I HAD TO GET IT IN AT LEAST ONCE ALREADY THIS YEAR.

THANK YOU.

SO MARY, THAT'S ALL I GOT.

THANK YOU.

ARE YOU SURE? AND I HAVE NO OBJECTION ON THIS MATTER.

I'M JU I'M JUST KIDDING.

ANY OBJECTIONS? UH, YES, GO AHEAD.

I HAVE NO OBJECTIONS EITHER.

JUST A QUESTION, BRIAN, IS, IS THIS WHAT KIND OF STAFF'S ASKING, YOU KNOW, DOES, UH, DO WE HAVE ANY ISSUES WITH THIS MOVING FORWARD OR I'M CONFUSED.

SO YEAH, SO THIS PLAN, YOU KNOW, SO THIS PLAN THAT YOU SEE IS APPROVED, UH, IT'S, UM, IN ITS FINAL ENGINEERED COMPONENT AND ABOUT READY TO BE BID.

SO THIS IS GOING TO HAPPEN AND IT WILL HELP, BUT IT WON'T.

BUT THERE ARE MORE THINGS THAT WE CAN DO, UM, TO, TO MAKE IMPROVEMENTS THERE.

THIS IS JUST THE FIRST OF PROBABLY TWO OR THREE.

SO THIS STUDY WOULD BE DESIGNED, OR OUR INTENT WITH THIS STUDY IS TO TAKE THIS INFORMATION THAT YOU HAVE THAT, UM, THE ENGINEER PASSED OUT, TAKE, THESE ARE THE CURRENT PLANNED IMPROVEMENTS WITH THESE IMPROVEMENTS WITH THE TRAFFIC DATA THAT THEY'RE GOING TO COLLECT.

AND THEN WITH SOME BASIC PARAMETERS THAT, YOU KNOW, WE'RE GOING TO PROVIDE, WHICH IS HOW DO WE MAKE A PERMANENT SOLUTION TO INCREASE THE FLOW RATE THROUGH THIS AREA? AND THAT'S FROM THE HIGHWAY BASICALLY TO TAYLORSVILLE MONEY IS NOT AN OPTION.

UM, YOU KNOW, WE WANT, WE WANT TO BE ABLE TO GIVE THEM, YOU KNOW, THE, THE FREEDOM TO BE CREATIVE IN THESE SUGGESTIONS.

SO PUT ASIDE WHO OWNS WHAT, PUT ASIDE WHAT A BUDGET LOOKS LIKE, WHAT ARE THREE OR FOUR SOLUTIONS FROM AN ENGINEERING STANDPOINT THAT YOU WOULD LOOK AT AND RECOMMEND AS BEING THE BEST OPTIONS.

SO IN ADDITION, EFFECTIVELY TO CORRECT, IN ADDITION TO THAT, SO EFFECTIVELY WE'RE JUST TRYING TO MOVE TRAFFIC, SO TO HURRY UP AND PUSH, SO LET'S SAY TO, UM, TO MAYBE, UH, PUSH THROUGH TRAFFIC INTO THE SUBDIVISION THAT'S GOING OR THE SUBDIVISION, THE PROJECT THAT'S GOING THERE NOW, RIGHT? SO, UH, THAT'S GOING THE BROADREACH PROJECT, RIGHT? SO WE'VE GOT SOME ROADWAYS THROUGH THERE.

SO IF WE WERE TO TRY AND PUSH MORE, ARE WE JUST MOVING OUR STACKING PROBLEM? ARE WE MOVING OUR CONGESTION PROBLEM NOW TO THE INTERSECTION OF TAYLORSVILLE AND, AND PRIVATE DRIVE? AND WHAT WE NEED T ENGINEERING TO DO IS SAY, WELL, YES, BUT YOU WOULD BE CREATING A SMALLER STACKING ISSUE AND EFFECTIVELY YOU'D HAVE TWO SMALL STACKING ISSUES INSTEAD OF ONE LARGE STACKING ISSUE.

OKAY, WELL, IS THAT A BENEFIT? MAYBE IF WE MOVE THE, YOU KNOW, IF WE MOVE THE, THE CONNECTION POINT TO MOUNT HOOD, DO WE ELIMINATE ALL THE STACKING? RIGHT? THAT'S WHAT WE NEED THIS ENGINEERING CITY TO COME BACK AND LOOK AT.

AND THOSE ARE JUST THINGS THAT WE'VE THOUGHT OF.

MAYBE THEY'LL HAVE SUGGESTIONS SURE.

THAT, THAT WE HAVEN'T THOUGHT OF BECAUSE THIS IS THEIR BUSINESS.

OKAY.

NO, I, I JUST ASKED BECAUSE I KNOW THAT WE DISCUSSED THIS EXACT THING WHEN THE, UH, DEVELOPMENT WAS BEING PROPOSED AND WE WERE WORKING THROUGH FORECASTING WHAT TRAFFIC SITUATIONS MAY BE LIKE.

AND, AND I WAS CURIOUS WHY WE HAVEN'T MOVED FORWARD ON IT ALREADY WITH ANY TYPE, I MEAN, OR WE'RE JUST NOW PUTTING IT OUT TO TRY TO GET SOME, SOME MOVEMENT ON IT.

WELL, SO IN, IN THIS INSTANCE, UM, AND I'M TRYING TO RECALL THE, THIS PROPOSAL THAT, UH, THE ENGINEER HAD, UH, HAD PASSED OUT.

I THINK THAT WAS AN ITEM THAT HAD COME BEFORE COUNCIL RIGHT AFTER I HAD ARRIVED, UM,

[00:20:01]

IN THE ORGANIZATION IN MAYBE 19.

AND SO BASED ON MY ROLE IN THE ORGANIZATION AT THAT TIME, AND BASED ON ON HOW THIS PLAN WAS PRESENTED TO COUNSEL, UH, I THINK MYSELF, AND I DON'T WANNA SPEAK FOR ALL MEMBERS OF STAFF, BUT I THINK A, A GREAT NUMBER OF, OF STAFF MEMBERS WERE UNDER THE, UH, THE IDEA THAT THIS WAS THE FIRST STEP TO TRY AND RESOLVE THIS ISSUE.

AND I, I THINK THAT IS THE CORRECT BELIEF, BUT WHAT I DON'T THINK, UM, YOU KNOW, BUT, BUT I THINK QUITE FRANKLY, THE REALITY OF WHAT HAS BEEN THE LAST TWO WEEKS OR SO, RIGHT? JUST HAS REALLY KIND OF REARED ITS HEAD AND REMINDED US THAT WE CAN'T JUST CONTINUE TO BE PASSIVE ABOUT THIS AND WAIT FOR THE NEXT, UH, YOU KNOW, WHAT THE NEXT ISSUE IS GOING TO DRIVE US TO DO.

SO THIS WAS PLANNED, THESE IMPROVEMENTS WERE PLANNED TO BE RESPONSIVE TO SOME OF THE CONCERNS THAT HAVE BEEN EXPRESSED BY THE COMMUNITY IN THE LAST TWO WEEKS.

BUT HAVING TALKED WITH THE CHIEF AND HAVING TALKED WITH THE ENGINEER, THESE IMPROVEMENTS ARE NOT GOING TO BE ENOUGH.

SO RATHER THAN MAKE THESE IMPROVEMENTS AND WAIT FOR MORE COMPLAINTS, LET'S, WHILE WE'RE MAKING THESE IMPROVEMENTS, LET'S ALSO PLAN FOR THE NEXT SERIES.

NO, I DID OF IMPROVEMENTS.

SO THAT, THAT'S REALLY WHAT IT'S DESIGNED TO DO.

YEAH, NO, I UNDERSTAND.

I'M JUST, I'M KIND OF DISAPPOINTED THAT WE HAVEN'T MOVED THIS FORWARD ALREADY BECAUSE I THOUGHT, I THOUGHT THAT WAS THE PLAN.

I THOUGHT WE WEREN'T DEFINITELY DOING THAT.

I DIDN'T KNOW THAT WE'RE WAITING FOR ANYTHING OR YOU KNOW, I THOUGHT THIS WAS IN THE WORST.

YEAH.

SO WHAT, WHAT YOU, WHAT WHAT THE ENGINEER PASSED OUT.

WE ARE DEFINITELY DOING THAT.

IT'S DEFINITELY HAPPENING.

WE ARE DEFINITELY BUILDING THAT.

WE'RE JUST SAYING BASED ON WHAT WE KNOW MORE IS GOING TO BE NEEDED.

AND RATHER THAN WAIT, LET'S JUST CONTINUE TO, WELL, YEAH, I'VE MADE THAT TURN ONTO TROY HEADING NORTH OFF OF TAYLORSVILLE MANY TIMES AND, AND YOU SEE IT LATELY.

YOU'RE SEEING THAT EXTRA LANE THERE AND THEN IT JUST COMES TO AN ABRUPT STOP.

AND I'VE THOUGHT THAT LOOKS CRAZY.

BUT DON'T WORRY, GLEN, EVERYTHING'S GONNA CONNECT ON UP THROUGH.

AGAIN, MY, MY ONLY ISSUE HERE IS THAT I'M A LITTLE DISCIPLINED THAT WE ARE, WHEN, WHEN I HEAR WE'RE GOING TO SEND IT OUT TO, I FIGURED THIS WAS ALREADY BEING MOVED ON BECAUSE THAT WAS PART OF THE PLAN AND, AND I'M JUST, THAT'S WHAT I WANTED TO CLEAR UP.

SURE.

SO THANK YOU.

THAT'S ALL I HAVE.

THANK YOU.

RIGHT? YES, SIR.

THE OLD TROY PIKE PIECE FROM I THINK WHAT CUBER ROAD HUB COURT WHERE, WHERE THE NEW MASS ARM IS AT THAT YES SIR.

THAT POINT DOWN TO I 70, THAT, LIKE, THAT WAS IN THE BUDGET FOR 2023.

SO WE KNOW THAT IS, WAS THIS INTERSECTION, IS THIS PART OF THAT YES SIR.

PROJECT THAT IS ALL, YEP.

THAT IS ALL PART OF THAT PROJECT.

YES, SIR.

SO THIS IS, SO THIS IS BUDGET NOW FOR 2023 ALONG WITH, CUZ THE DEVELOPER PAID FOR THE WIDENING FROM TAYLORSVILLE OR AROUND TAYLOR'S, DOWN TAYLOR OR DOWN TAYLORSVILLE AROUND MOUNT OR OLD TROY TO HUBER ROAD.

CORRECT.

AND THEN CORRECT.

THEN OUR RESPONSIBILITIES FROM HUBER ROAD TO I SEVEN.

AND THIS IS ALL PART OF THAT PROJECT THAT'S IN THE 2023 BUDGET? THAT IS CORRECT, YES, SIR.

OKAY.

THAT IS CORRECT.

OKAY.

YOU UH, I'LL BE RIGHT BACK TO YOU.

YES.

OKAY, GO AHEAD.

UM, THIS IS GOOD FOR THE SHORT TERM LONG TERM, ARE WE GONNA HAVE A STUDY, UH, BASED ON ALL THE DEVELOPMENT THAT'S GOING ON IN EXECUTIVE AND, UM, CONTINUED GROWTH IN CARRY TRAILS AND, YOU KNOW, JUST CONTINUED GROWTH IN THAT AREA IN PARTICULAR TO ASSESS, UM, IF WE'RE GOING TO EXPAND THE BRIDGE ON 2 0 2, HOW MUCH EXPANSIONS REQUIRED OR WHAT, AT WHAT POINT, MAYBE WE NEED ANOTHER BRIDGE TO OFFSET THE, TO REMOVE SOME OF THAT TRAFFIC OFF OF OLD TOY PIKE.

YES.

AND ULTIMATELY THAT'S WHERE THIS STUDY, WE BELIEVE THE STUDY IS GOING TO LEAD US WHEN WE SAY, HEY ODOT, THIS IS WHAT TCE IS TELLING US.

WHERE IS THIS ON THE TRIP METER TO MAKE IMPROVEMENTS FOR THESE OVERPASSES? NOW, YOU KNOW, WE CONTINUE TO RUN INTO ISSUES WITH ODOT REGULATED TERRITORY.

WHAT DO WE NEED TO TIP THE SCALE TO MOVE THIS FROM? WELL, YEAH, IT IS KIND OF GETTING BAD TO, HEY, ODOT REALIZES THAT NOW WE NEED TO START DOING SOMETHING WITH IT.

SO THAT IS ONE OF THE INTENDED OUTCOMES THAT WE'RE TRYING TO GET FROM THIS PARTICULAR STUDY.

OKAY, THANK YOU.

SURE.

ANITA? I AGREE WITH RICHARD.

I WOULD LIKE IT ALL THE WAY UP TO EXECUTIVE BECAUSE I THINK EXECUTIVE'S GONNA GET BUSIER, SO WE MIGHT AS WELL BE PROACTIVE ABOUT THIS INSTEAD OF REACTIVE.

SO I KIND OF AGREE WITH RICHARD ON THAT.

OKAY.

ANYONE ELSE? AND LAST TIME, ANY OBJECTIONS TO YES, MARK BRIAN? YES, SIR.

JUST A RECAP.

YOU ALONG WITH THE POLICE CHIEF AND THE ENGINEER HAVE RECOGNIZED WE HAVE A SHORT-TERM PROBLEM AND A LONG-TERM PROBLEM.

YES, SIR.

THE SHORT-TERM SOLUTION IS WHAT THE CHIEF IS GOING TO ASSEMBLE WITH HIS FOLKS.

YOU'RE GONNA QUARTERBACK THOSE EFFORTS.

[00:25:01]

WE'RE GONNA DO A 30 DAY STUDY WHILE WE ARE IN THAT 30 DAY STUDY PERIOD.

YOU'RE GONNA BRING RESOLUTION TO MERRILY WAY THE CAR WASH AND SUCH.

CORRECT.

THE LONGER TERM SOLUTION IS THE ENGINEER LEGISLATION THAT YOU'RE GONNA HAVE ON THE AGENDA FOR MONDAY.

THAT'S CORRECT.

THAT IS GONNA LOOK FROM INTERSTATE 70 SOUTH DOWN TO TAYLORSVILLE AND TRY TO COME UP WITH A SOLUTION OR WHAT ARE THE OPTIONS, BARRING ANY COST, ANY LAND ACQUISITION, JUST WHAT ARE ALL THE OPTIONS.

CORRECT.

THOSE WILL BE PRESENTED BACK TO US.

YES, SIR.

WE WILL BRING A PACKAGE BACK.

MAYOR.

YES.

RECOGNIZING THIS IS NOTHING NEW.

I WANT TO APPLAUD YOUR EFFORT.

IT'S GENUINE LEADERSHIP.

I APPRECIATE IT.

THANK YOU SIR.

THANKS, MARK.

ANY OBJECTIONS? OKAY.

WE'LL SEE LEGISLATION FOR THAT ON MONDAY.

ANY OTHER QUESTIONS REGARDING, UM, BRIAN? I'M NOT EVEN SURE WHAT ELSE YOU TALKED ABOUT IN YOUR RICHARD ENLIGHTEN.

THANK YOU.

UH, YES.

UH, THE OTHER ITEM, UH, WITHIN THE CITY MANAGER REPORT WAS THE, UH, WAS THE SHORT TERM I THINK, UH, MARY, YOU WERE ASKING FOR OBJECTION ON THE ENGINEERING PIECE.

I WANTED TO DISCUSS THE, UH, THE PLAN, UH, WITH THE, UH, UH, POLICE CHIEF, UM, BRIAN IS, IS, SORRY, CLOSE.

YES.

UM, AND, AND, AND, AND CHIEF OR, OR BRIAN, UH, EITHER ONE OF YOU CAN PICK UP ON THIS.

UM, ARE WE GONNA BE DOING ANY TYPE OF, UM, UH, MEDIA BLITZ, UH, SOCIAL MEDIA CAMPAIGN TO LET OUR RESIDENTS KNOW THIS IS GOING TO HAPPEN? SO WHEN THEY ARE STOPPED BY OUR PATROL OFFICERS, THEY'RE NOT LIKE, OH MY GOODNESS, THIS DIDN'T HAPPEN, BECAUSE WE KNOW A GOOD DEAL OF OUR RESIDENTS ARE ON SOCIAL MEDIA AND HUGE FANS OF THE FIRE DEPARTMENT, POLICE DEPARTMENT.

SO WHAT A BETTER WAY TO, UH, PUT OUT COMMUNICATION THAT, UH, UH, WE'RE, WE'RE GONNA BE OUT THERE LOOKING.

YEAH.

SO I, UM, I THINK ONE OF YOU, KATE, I THINK YOU HAD ASKED, UM, ARE WE GONNA CITE EVERYBODY? I DON'T WANNA TAKE THE DISCRETIONARY, UH, SIDE AWAY FROM AN OFFICER BECAUSE EVERY SITUATION'S DIFFERENT.

YES, SIR.

SO I HAVE TOLD THEM, UM, THAT WE'RE GONNA TAKE THE APPROPRIATE ENFORCEMENT ACTION, UM, BUT TAKEN TO MIND EVERY SITUATION'S DIFFERENT.

SO I CAN'T TAKE AWAY THAT DISCRETION.

YES, FINE.

BUT YEAH, I HAVE A MEETING TOMORROW MORNING, SCHEDULED FOR TOMORROW MORNING AT NINE O'CLOCK WITH MY PATROL OPERATIONS LIEUTENANT AND MY, UH, SPECIAL OPERATIONS LIEUTENANT WHO OVERSEES, UM, OUR PUBLIC AFFAIRS UNIT.

SO HE WILL BE RESPONSIBLE FOR WHAT YOU JUST SAID, GETTING THAT INFORMATION OUT.

WE ARE GONNA ALSO REACH OUT TO, UM, THE CAR WASH AND LET THEM KNOW WHAT WE'RE GOING TO BE DOING, UM, THAT WE'RE GONNA BE PUTTING SIGNS UP AND, AND WHAT ACTION WE'RE GONNA BE TAKING.

SO, UM, SO THEY'RE NOT, UH, CAUGHT OFF GUARD BY IT TOO.

UM, AND THEN THE PATROL OPERATIONS LIEUTENANT'S GONNA BE RESPONSIBLE TO VISIT EACH, UH, DAY SHIFT AND AFTERNOON SHIFT AND EXPLAIN, UH, WHAT THE GOAL IS.

UM, THE GOAL IS TO GET VOLUNTARY COMPLIANCE TO THE TRAFFIC LAWS, WHETHER THAT MEANS WARNING SOME PEOPLE, CITING SOME PEOPLE DEPENDING ON THE SITUATION.

THE WHOLE GOAL IS TO GET VOLUNTARY COMPLIANCE IS WHAT GOOD TO DO.

IF AFTER 30 DAYS, EVERYBODY GOES RIGHT BACK TO WHAT THEY WERE DOING.

SO THAT'S THE WHOLE PLAN WITH THE SIGNAGE, I THINK THAT WE PUT UP AND WITH OUR ENFORCEMENT EFFORT, CUZ WE, YOU KNOW, WE CAN'T DO THIS 365 DAYS A YEAR.

UM, OUR GOAL IS TO GET PEOPLE TO JUST START COMPLYING.

AND, UM, JUST TO ADD TO THE CHIEF'S COMMENTS, UH, I KNOW WE KEEP TALKING A LOT ABOUT 30 DAYS, 30 DAYS, 30 DAYS.

THIS IS OUR ASSESSMENT PERIOD.

SO WE'RE GOING TO LOOK AT WHAT WE SEE, WHAT WE LEARN, WHAT WE CAN GLEAN FROM THIS SITUATION, AND WE'RE GOING TO TAKE THAT INFORMATION AND THEN MOVE THAT INTO A NEW ENFORCEMENT PLAN OR A NEW ENFORCEMENT STRATEGY TO ENSURE THAT IN SOME WAY, SHAPE, OR FORM, WE'RE CONTINUING TO HAVE A PRESENCE THAT ENCOURAGES PEOPLE TO FOLLOW THE TRAFFIC LAWS AT THAT INTERSECTION.

SO I WANT TO, I WANNA BE CLEAR THAT THIS IS NOT SOMETHING THAT WE ARE SIMPLY DOING FOR 30 DAYS AND THEN WE ARE GOING TO STOP DOING.

WE NEED TO LEARN AND UNDERSTAND MORE ABOUT THE SITUATION.

WE KNOW THAT IT'S CROWDED THROUGH THERE.

WE KNOW THAT WE GET SOME TRAFFIC CONGESTION, WE KNOW THAT THINGS SLOW DOWN.

WE NEED TO KNOW MORE ABOUT WHY THAT'S HAPPENING AND WHEN IT'S HAPPENING SO THAT WE CAN TAILOR OUR ENFORCEMENT EFFORTS IN THE FUTURE.

SO I WANT TO BE CLEAR ABOUT THAT AS WELL.

SO THIS IS NOT 30 DAYS AND DONE, THIS IS 30 DAYS LEARNED BEHAVIORS AND IMPROVED ENFORCEMENT.

SO I WANNA BE CLEAR ABOUT THAT AS WELL.

EXCELLENT.

UM, MAYOR, ONE, ONE OTHER POINT IF I MAY.

UM, SURE.

I THINK THE DESIGN THAT WAS PASSED OUT HERE TODAY BY THE ENGINEER, UM, I KNOW IT'S JUST, UH, UM, ONE COUNCIL MEMBER'S REQUEST.

I'D LIKE TO SEE THAT GET PUT OUT TO THE PUBLIC WITH OUR ACTION PLAN AS WELL.

SO THE PUBLIC KNOWS THAT WE'VE HAD A PLAN IN PLACE.

WE'RE MOVING FORWARD ON THIS PLAN.

UH, WE HAVE, AS COUNCIL MEMBER CAMPBELL HAD SAID, A LONG TERM AND A SHORT TERM, UH, ISSUE THAT THIS COUNCIL'S AWARE OF.

UM, THAT WAY THAT INFORMATION IS BEING SENT OUT PROPERLY.

THANK YOU.

DON'T DISAGREE AT ALL, ED.

THANK

[00:30:01]

YOU MAYOR.

UH, BRIAN, HAPPY NEW YEAR.

THANK YOU, SIR.

HAPPY NEW YEAR TO YOU AS WELL.

THANK YOU.

UM, STARTING TO THIS YEAR, UH, KICK OFF, UH, ONNO ISSUE, JUST ONE UPDATE ON THE HIRING PROCESS FOR THE THREE ADDITIONAL FIREFIGHTERS.

SURE.

AND, UH, WE ARE PREPARED TO PROVIDE THAT INFORMATION WHEN WE GET TO THE, UH, UH, IF IT'S ALL RIGHT WITH YOU, WE'LL, WE GET TO THE TABLE OF ORGANIZATION AND WHATNOT.

UM, WE CAN TALK ABOUT IT THEN, IF THAT'S OKAY.

THAT WOULD BE FINE.

THANK YOU, YOU MAYOR.

THANK YOU, SIR.

ANYTHING ELSE REGARDING CITY MANAGER REPORTS? OKAY, THANK YOU.

APPRECIATE IT.

UH,

[ 2023 Abatement/Mowing Program - Award Contract]

NEXT UP IS ITEM THREE B, WHICH IS THE 2023 ABATEMENT VOTING PROGRAM AND AWARDING THAT CONTRACT.

MIKE? UH, MR. LAR.

OKAY.

GOOD EVENING, MAYOR COUNSEL.

HAPPY NEW YEAR TO EVERYONE.

UH, THIS EVENING STAFF IS ASKING YOU TO APPROVE AWARDING THE 2023 ANNUALLY RECURRING CONTRACT FOR NUISANCE MOWING AND NUISANCE PROPERTY ABATEMENT, AB BID SUBMISSIONS, ROPE AND PUBLIC HILL ON DECEMBER 21ST, 2022, STAFF REQUESTS AWARDING THE CONTRACT TO T AND W GENERAL SERVICES LLC IF APPROVED, THE CONTRACT AGREES TO FEES OF $40 PER HOUR FOR NUISANCE MOWING, $80 PER HOUR FOR BUSH HOGGING AND $70 PER HOUR FOR NUISANCE OF PROPERTY ABATEMENT.

THIS BID IS BOTH COMPETITIVE AND INCLUSIVE, ALLOWING THE CITY TO DEAL WITH A SINGLE CONTRACTOR FOR ALL WORK ORDERED BY CODE ENFORCEMENT.

T AND W WAS THE CITY'S NUISANCE MOWING CONTRACTOR IN 2022, THEREFORE, HAVING A PROVEN TRACK RECORD WITH THE CITY.

THE COMPANY WAS VERY PROMPT IN PERFORMING MOWING IN 2022, OFTENTIMES MOWING THE SAME DAY AS REQUESTED BY STAFF.

I FEEL THEY WILL PERFORM TO THE REQUIRED STANDARDS FOR NUISANCE PROPERTY ABATEMENTS, AS WELL AS ALWAYS ALL COSTS INCURRED BY THE COUNTY AND BY THE CITY, PARDON, ARE INVOICED TO THE PROPERTY OWNERS.

IF YOU HAVE QUESTIONS, I'M HAPPY TO TRY.

ANSWER.

THANKS HON.

ANY QUESTIONS? ANY, ANY OBJECTIONS TO MOVING THIS FORWARD? OKAY, THANK YOU.

THANKS, THOMAS.

NEXT IS

[ Public Works Division Facility - Design Work - Award Contract]

ITEM THREE C, THE PUBLIC WORKS DIVISION FACILITY DESIGN WORK AND AWARDING THAT CONTRACT, RIGHT? UH, YES SIR.

I'D DEFER TO, UH, THE ENGINEER RUSS BERGMAN ON THIS MATTER, SIR.

OKAY.

YEAH.

UH, COUNSEL AGAIN, UH, THIS LEGISLATION WILL AUTHORIZE THE AWARD AND ENTER CONTRACT WITH COONEY ARCHITECTS FOR THE DESIGN OF A NEW PUBLIC WORKS FACILITY.

UH, THE CITY WENT OUT FOR REQUEST FOR QUALIFICATIONS AND PROPOSALS IN NOVEMBER AND RECEIVED PROPOSALS FROM SIX ARCHITECTURAL FIRMS. UH, STAFF REVIEWED ALL SIX PROPOSALS AND AGREED UPON THREE FIRMS THAT WE FELT WERE THE MOST QUALIFIED, HAD THE MOST EXPERIENCE.

UH, WE CONTACTED THOSE THREE FIRMS, UH, BUT ONLY TWO RESPONDED BACK AND AGREED TO AN INTERVIEW.

UH, SO WE ENDED UP IN INTERVIEWING TWO COMPANIES, COONEY ARCHITECTS AND MSP DESIGN, WHICH IS, UH, MCGILL SMITH PINON OUT OF WESTCHESTER.

UH, BOTH COMPANIES WERE QUALIFIED AND THEY WERE BOTH, UH, HAVE DESIGNED MANY PUBLIC WORKS FACILITIES IN THE PAST.

BUT, UH, KUNI ARCHITECTS HAD ALREADY DONE, UH, A PUBLIC WORKS FACILITY STUDY FOR THE CITY, UH, WITHIN THE LAST TWO YEARS, AND WERE VERY FAMILIAR WITH, UH, THE NEEDS OF THE CITY.

UH, WE FELT THAT COONEY'S PRESENTATION WAS THE MOST IMPRESSIVE AND THAT THEY WERE THE MOST QUALIFIED.

UH, COONEY'S FEES FOR THE DESIGN WAS THE LOWEST AND BEST AT $558,800.

UH, THE REST OF THE SIX PROPOSALS, UH, RANGED FROM COONEY'S LOW TO $698,000.

UH, SO WE'D LIKE TO ENTER INTO CONTRACT WITH KUNI ARCHITECTS WITH A NOT TO EXCEED OF 650,000 TO HELP COVER ANY UNEXPECTED FEES.

OKAY.

THANKS FOR US.

ANY QUESTIONS? YES.

ANYTHING I DO? I DO.

UM, I, I APPRECIATE YOUR EXPLANATION AND I'M NOT QUESTIONING YOUR, YOUR OPINION.

UM, AND I'M GLAD THAT YOU PROVIDED THAT INFORMATION.

WHEN WE REVIEWED THIS PRIOR TO COMING IN, IT'S REAL HARD FOR US TO UNDERSTAND WHAT CRITERIA WAS USED, UH, TO SELECT THIS.

UM, IS COONEY, UH, A LOCAL COMPANY? NO, THEY'RE OUT OF, UH, WISCONSIN.

WISCONSIN.

UM, DID L WC BID ON THIS? YES.

I MEAN, DID THEY RESPOND? THEY WERE, YES.

THEY WERE ONE OF THE, ONE OF THE SIX.

SO THEY WERE ONE OF THE THREE? UH, YES, THEY WERE ONE OF THE, UH, NO, I'M SORRY.

THEY WERE NOT ONE OF THE THREE.

THE THIRD ONE WAS NOT L UH, L W C.

UM, IT'S, THEY, THEY HAVEN'T HAD A LOT OF EXPERIENCE WITH, UH, PUBLIC WORKS FACILITIES.

OKAY.

IS WHAT WE FOUND.

UM, I GUESS MY POINT IS THAT, UM, A LITTLE BIT MORE THAN JUST THE PROPOSED AMOUNT, YOU KNOW, A LITTLE BIT MORE DATA WOULD HELP US ASSESS AHEAD A TIME.

OKAY.

WHAT, WHAT DROVE YOUR, YOU KNOW, LIKE IF WE HAD, FOR

[00:35:01]

THE RECORD, YOU KNOW, IF, IF WE HAD KNOWN IN THERE THAT THREE OF 'EM OR SOME OF THEM DIDN'T RESPOND, AND THEN THIS IS YOUR JUSTIFICATION FOR PICKING ONE OVER THE OTHER, OR, YOU KNOW, LIKE L WC DOESN'T HAVE MUCH EXPERIENCE OR, I MEAN, IT, IT'S JUST HARD TO SAY JUST BECAUSE THAT'S THE CHEAPEST ONE.

THAT THAT'S THE BEST WAY.

OH, IT WASN'T AT FEES WERE NOT THE ISSUE AT ALL IN THIS CASE.

YEAH, THEY'RE ALL PRETTY CLOSE WITH THE 200,000 FOR ALL SIX, INCLUDING HAS HAD THE MOST EXPERIENCE AROUND THE COUNTRY AS FAR AS BUILDING ACTUAL PUBLIC WORK FACILITIES.

MM-HMM.

, UM, MORE THAN ANY OTHER, UM, ARCHITECTURAL COMPANY THAT, THAT PROPOSED A BID.

I MEAN, I THINK THAT WAS THE BIGGEST REASON, UM, CONSENSUALLY WHILE STAFF WAS LEADING TOWARDS THEM.

OKAY.

AND DO YOU DO ANY KIND OF SCORING WHEN YOU DO THAT? UH, WE DID NOT.

OKAY.

UM, ONE THING ABOUT COONEY, WE DID CHECK, UH, ONCE THE PROJECT STARTS, THEY WILL BE HERE ONCE A WEEK FOR PROGRESS MEETINGS AND THINGS OF THAT NATURE.

EVERYTHING THAT THEY'RE NEEDED TO BE HERE FOR.

SO THAT'S ONE THING THAT WORRIED ME.

THEY'RE TOO FAR AWAY, BUT YET THEY HAVE, THEY WILL BE HERE DURING THE FALL OF CONSTRUCTION.

OKAY.

I APPRECIATE THAT.

I JUST WANTED YOU TO UNDERSTAND FROM OUR, FROM FROM COUNCIL STANDPOINT, JUST TO SEE, JUST TO SEE THE PRICE WITHOUT UNDERSTANDING THE CRITERIA.

RIGHT.

MAKES IT DIFFICULT TO SEE WHERE YOU GOT YOUR REACH.

THE I CONCLUSION.

OKAY.

I CAN SUBMIT, UH, THEIR PROPOSAL IN WITH IT.

SO YOU TAKE A LOOK AT THAT IF YOU WANT TO DO THIS.

NO, I DON'T WANNA SEE THE WHOLE PROPOSAL.

I MEAN, THAT'S YOUR JOB, BUT I THOUGHT SOME OF THE TOP BULLETS AS TO WHY ONE WAS ADVANTAGEOUS OVER ANOTHER, YOU KNOW? OKAY.

MAYBE I CAN TRY TO COME UP WITH A LIST FOR THAT.

OKAY.

I APPRECIATE IT.

OKAY, DON, THANK YOU MAYOR.

UH, RUSS, CAN YOU JUST HIT THE HIGH POINTS AS TO THE IMPORTANCE OF A PUBLIC WORKS, UM, CONSULTANT VERSUS LET'S SAY THE LIBRARY CONSULTANT OR ANY OTHER TYPE OF, UH, BUILDING CONSULTANT? UH, I'M NOT SURE IF MAYBE MIKE, CAN YOU ANSWER THAT A LITTLE BETTER THAN MIKE CAN? SURE.

UM, FOR WHAT HE WAS LOOKING FOR, CUZ HE'S THE ONE, SOME OF THESE, SOME OF THE ASPECTS THAT WE WILL GO INTO THE NEEDS ASSESSMENT WILL ALSO BE, YOU KNOW, TAKING INTO ACCOUNT WITH THE PREVIOUS NEEDS ASSESSMENT THAT WERE DONE.

UM, SOME ARCHITECTURAL COMPANIES ARE USED TO BE BUILDING BUILDINGS, BUILDINGS OR BUILDINGS.

SOME ARE NOT QUITE AS, UM, I DON'T WANNA SAY ANYMORE MORE QUALIFIED THAN THE OTHERS, BUT, UM, THEY'RE, THEY'RE PRETTY MUCH IN THE BUSINESS AROUND THE COUNTRY WITHIN, UM, WISCONSIN, INDIANA, IOWA, UM, MICHIGAN AS BUILDING PUBLIC WORKS FACILITIES AS BEING THE MOST EFFICIENT RAN, UM, BUILDINGS AND THOSE THINGS THAT INCLUDE AS FAR AS YOU KNOW, WHAT, WHAT YOU'RE ABLE TO PROVIDE WITH SERVICES TO DIFFERENT AREAS OF THE COMMUNITY.

UM, YOU KNOW, SO BASICALLY YOU WOULD TAKE INTO ACCOUNT OF, UM, YOU KNOW, OVER A 10 YEAR PERIOD, IF YOU PUT A BUILDING HERE IN THIS PARTICULAR LOCATION, LET'S SAY THEN THE EFFICIENCY THAT YOU GET OUT OF IT, WILL THERE A 10 YEAR PERIOD, THE PAYBACK IN THAT, WHETHER IT BEING, YOU KNOW, GAS COST, FUEL COSTS, YOU KNOW, UM, DIFFERENT ASPECTS.

WE'VE BECOMING A VERY LARGER COMMUNITY SUCH AS, YOU KNOW, SO TO SPEAK, IT MIGHT NOT MAKE SENSE FOR A PUBLIC WORKS DEPARTMENT TO BE ONE END OVER HERE.

WE'RE SERVICING ANOTHER COMPANY AT THE OTHER END.

SO, SO THEY TAKE INTO ACCOUNT A LOT OF THOSE THINGS AND THEY SPOKE ABOUT THOSE, THOSE THINGS.

UM, ALSO SOME OF THE OTHER COMPANIES THAT WE DID INTERVIEW WERE AWFUL COMPLIMENTARY TO THEIR NEEDS ASSESSMENT THAT THEY'D ALREADY DONE.

SO THIS IS KIND OF WHERE WE CAME UP WITH THE CONSENSUAL, UM, AGREEMENT UPON THE RECOMMENDATION THAT WE'RE TRYING TO MAKE HERE.

THANK YOU, MIKE.

THAT'S EXACTLY WHAT I WAS LOOKING FOR.

THANKS, MAYOR.

OKAY, THANKS.

THANK YOU.

ANY OTHER QUESTIONS, COMMENTS? OKAY.

ANY OBJECTION MOVING THIS LEGISLATION FORWARD TO MONDAY? OKAY.

SAME.

NONE.

[ Purchase - Street Sweeper - Public Works Division]

NEXT IS ITEM THREE D, THE PURCHASE OF THE STREET SWEEPER IN THE PUBLIC WORKS DIVISION.

MIKE? UH, YES.

THANK YOU.

UM, BASICALLY THIS IS, UM, THE PURCHASE OF AN ADDITIONAL SUITE STREET SWEEPER TO, UM, YOU KNOW, AS WE, AS I SAID BEFORE, AS WE GET TO BE A BIGGER COMMUNITY, THIS CURRENT STREET SWEEPER THAT WE HAVE IS, UM, ABOUT 10 YEARS OLD.

SO THIS IS KIND OF, UM, YOU KNOW, WE'RE GETTING TO A POINT NOW WHERE WE COULD BE RUNNING TO, AT THE SAME TIME TO PROVIDE BETTER SERVICES TO THE COMMUNITY AS FAR AS STREET SWEEPING SERVICES ARE PROVIDED.

UM, AND THEN KIND OF, UM, IN FUTURE ASPECTS, YOU KNOW, IN, IN 10 YEARS, YOU KNOW, CAUSE HOPEFULLY THE LAST ABOUT 20 YEARS OF THE LIFESPAN OF THE MALL.

UM, SO IN, SO WE'LL HAVE ONE THAT'S KIND OF TRADITIONALLY KIND OF TRANSITIONED TO THOSE PERIODS AS WELL.

UM, THIS, THIS, UM, PARTICULAR STREET SWEEPER, IT'S BASICALLY THE SAME MODEL WE CURRENTLY HAVE.

IT'S ON STATE BID AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU HAVE CURRENTLY ABOUT THAT.

OKAY.

ANY QUESTIONS FOR MIKE? KATE? THANK YOU, MAYOR.

UM, IT'S NOT ABOUT THE STREET SWEEPER, I JUST WANTED TO THANK YOUR STAFF FOR WORKING SO HARD AND GETTING THE ROADS CLEAN.

IT WAS CLEAN ENOUGH FOR ME TO GO TO WORK.

THANK YOU, .

OH, THANK YOU.

I'LL PASS THAT ALL ALONG TIME.

ANYONE ELSE OBJECTIONS

[00:40:01]

MOVING THIS LEGISLATION FORWARD? OKAY,

[ Water Survey - Phase III - Award Contract]

NEXT UP IS ITEM THREE E, THE WATER SURVEY PHASE THREE, THREE, I'M SORRY.

AND AWARDING THAT CONTRACT.

RUSS? UH, YES.

THIS, UH, THIS IS FOR A NEW CONTRACT WITH RA CONSULTANTS.

UH, THIS IS THE THIRD PHASE OF, UH, THREE PHASE PHASES OF THE SURVEY.

UH, I DID HAVE A MAP INCLUDED IN THERE, UH, SHOWING THE, I THINK IT WAS IN THE NORTH AREA OF THE CITY.

UH, THE FIRST AND SECOND PHASE WERE DONE THE LAST, LAST YEAR AND THE YEAR BEFORE BY RA CONSULTANTS WHO, UH, SPECIALIZES THIS TYPE OF WORK.

UH, WHAT THEY'LL BE DOING IS LOCATING IN THE FIELD ALL FIRE HYDRANTS, FIRE HYDRANT VALVES, AND ALL, UH, MAINLINE WATER VALVES.

UM, ALL THIS INFORMATION IS ADDED TO OUR CITY'S GIS MAPPING FOR USE BY THE CITY, BY THE FIRE DEPARTMENT, AND BY VIOLI.

UH, THE EXACT LOCATION OF EACH HYDRANT AND VALVE HAVE PUT IN THE GIS WILL HELP LOCATE, UH, ALL THESE FACILIT.

THESE, UM, WILL THE HYDRANTS AND THE VALVES TO HELP DURING, UM, EMERGENCY SITUATION.

SINCE AS FIRES AND FOR WATER MAIN BREAKS, UH, THE COST FOR THIS PHASE WAS BUDGETED IN THE WATER FUND AND IS NOT TO EXCEED $50,000.

UH, ONE THING, UM, LIKE I SAID, THIS IS KIND OF A IMPORTANT, I KNOW WE WANT TO SPEND MONEY ON WATER MAINS AND THINGS, BUT WE, WE HAVE, AVELIA HAS A LOT OF NEW PEOPLE AND LOCATING THESE VALVES IS VERY IMPORTANT FOR WATER MAIN BREAKS.

UH, AND FIRE HYDRANTS FOR SOME OF THEM CUZ THEY'RE NOT FAMILIAR WITH THE CITY.

BUT, UH, WE'D LIKE TO HAVE THIS ALL MAPPED OUT AND, UH, WE'VE STARTED WITH THE FIRST TWO PHASES.

WE'D LIKE TO FINISH THE THIRD.

OKAY, THANKS RUSS.

ANY QUESTIONS FOR US ON, ON, UH, THIS CONTRACT? YES, DON.

THANKS, MAYOR.

UM, THE CURRENT MONTGOMERY COUNTY GIS HAS LOCATIONS, UH, FOR HYDRANTS, ET CETERA, AS YOU KNOW.

IS THAT INFORMATION INACCURATE OR IS THIS AN UPDATE OR, THOSE MAPS DON'T HAVE ALL THE WATER VALVES AND THINGS, THEY DON'T EVEN, THE FIRE HYDRANT ARE NOT A LOT OF TIMES LOCATED IN THE CORRECT LOCATION.

OH.

THIS COMPANY WILL GO OUT AND ACTUALLY PHYSICALLY LOCATE THE EXACT SPOT OF WHERE THESE, UH, AND THEN WILL THE, THE MONTGOMERY COUNTY GIS BE UPDATED WITH THAT NEW INFORMATION? UH, I, I HAVE TO ASK OUR, OUR GIS PERSON TO FIND OUT WHETHER SHE SENDS IT TO THE COUNTY, BUT, UH, I KNOW OURS WILL, BUT I DIDN'T THINK THE COUNTY HAD ALL THAT INFORMATION ON.

I I JUST NOTED THAT MY LAST, UM, UM, LOOK UP ON, UM, MONTGOMERY COUNTY GIS, I WAS ABLE TO PULL UP HYDRANT LOCATIONS.

I THINK MOST OF THAT CAME FROM US.

OH, DID IT REALLY? YEAH.

I BELIEVE THAT, THAT SHE SENT IT TO THEM AFTER THE SURVEY'S DONE.

AWESOME.

SO IN OTHER WORDS, THIS WILL LET CHIEF NOZZLEY FIND THOSE FIRE HYDRANTS FASTER AND, AND DIALS THAT'S A GOOD THING.

YES.

THANKS FOR US.

THANKS ON.

ANYTHING ELSE? OKAY.

ANY OBJECTIONS TO MOVING, UH, THIS, UH, CONTRACT AWARD ONTO MONDAY? OKAY, NEXT

[ Staffing Levels/Table Of Organization]

UP IS ITEM THREE F, WHICH IS OUR STAFFING LEVELS ON THE TABLE OF ORGANIZATION.

KATIE? YES.

THANK YOU.

GOOD EVENING.

THIS IS OUR ANNUAL STAFFING LEGISLATION BEFORE YOU THIS EVENING.

UM, IN LIGHT OF THE DISCUSSION THAT WAS HELD AT A PREVIOUS COUNCIL MEETING, WE HAVE PUT BACK THE PARKS MANAGER POSITION AND THEN THE, UM, OTHER AMENDMENTS THAT WERE REQUESTED AT THE PREVIOUS MEETING.

THOSE ARE, NOTHING HAS CHANGED FROM THERE.

SO DO YOU HAVE ANY QUESTIONS ON BEHALF TO ANSWER QUESTIONS FOR KATIE REGARDING THE STAFF? EXCUSE ME.

UM, COULD YOU PLEASE, UH, TO, UH, MR. LYON'S COMMENTS EARLIER ABOUT, UH, THE STAFFING FOR THE FIRE DEPARTMENT SINCE WE'RE ON THIS PARTICULAR, UM, SUBJECT.

COULD WE ADDRESS THOSE CONCERNS BASED ON HIS EARLIER REQUEST? YES.

COULD I TURN THAT OVER TO THE CHIEF? FEEL FREE.

.

GOOD EVENING.

THE, UH, CURRENT HIRING PROCESS FOR THE, UH, THE, THE FIRE DEPARTMENT STAFFING, NOT JUST THE THREE ADDITIONAL POSITIONS.

UH, SINCE, UH, I DON'T KNOW THIS, UH, LAST, UH, FALL WE'VE HAD, UH, A COUPLE SEPARATIONS, A COUPLE MEDICAL SEPARATIONS, UH, TWO OTHER PEOPLE.

UH, IF YOU LOOK AT OUR SOCIAL MEDIA TODAY, WE WELCOMED, UH, UH, TWO OF OUR CONDITIONAL OFFERS.

UH, IAN FINCH AND TIM REED, UH, WHO BOTH, UH, JUST OBTAINED THEIR PARAMEDIC CARD.

THEY STARTED TODAY, UH, WITH THE HOLIDAYS, UH, I DON'T KNOW, KATIE, WHAT WAS IT, AT FIVE 30 TONIGHT.

I LOGGED IN AND FOUND OUR OTHER CONDITIONAL OFFER, JUST OBTAINED HER CERTIFICATION.

I CALLED AND ASKED HER IF SHE'D LIKE TO START IN THE MORNING, AND SHE IS GOING TO JOIN THE OTHER TWO FIREFIGHTERS.

SO THAT'S THREE NEW PEOPLE THAT ARE STARTING, UH, TWO TODAY, ONE TOMORROW.

UH, THE OTHER CONDITIONAL OFFER WE HAVE, UH, HE'S WAITING TO TAKE HIS TEST.

WE HAVE THREE CURRENT VACANCIES FOR THE NEW POSITIONS.

SO RIGHT NOW, UH, AS OF TOMORROW MORNING, WE HAVE 38 OF THE 42 POSITIONS FILLED.

WE HAVE FOUR, UH, ACTIVE CANDIDATES THAT ARE CERTIFIED THAT ARE IN BACKGROUND PROCESS RIGHT NOW AT THE POLICE DEPARTMENT.

UH, I'M HOPING, I GUESS WE SHOULD HAVE ASKED CHIEF LEER WHY HE WAS HERE.

UH, THE

[00:45:01]

EARLIEST ONE WAS TURNED IN ON DECEMBER 14TH, THE 19TH, 20TH.

AND THEN ONE WAS TURNED IN TODAY.

AND WE'RE WAITING ON THREE MORE CANDIDATES TO TURN IN THEIR BACKGROUND PACKETS.

THE BACKGROUNDS TAKE A FEW WEEKS TO DO.

SO.

UM, WE'RE DOING EVERYTHING WE CAN.

WE'RE HOLDING STEADY AT 38 AND WE HOPE TO GET THAT NUMBER TO 42 WITHIN A FEW WEEKS.

YES, JUDGE.

THANK YOU CHIEF.

UH, THANK, UH, THANK YOU MAYOR.

UM, WITH THOSE FOUR CANDIDATES, DO YOU, DO YOU HAVE ANOTHER LIST, UH, INVOLVED? WE, WE JUST STARTED THE LIST.

SO THESE BACKGROUNDS, THIS LIST, UH, I THINK THE CITY MANAGER, UH, CERTIFIED THE LIST IN EARLY DECEMBER.

IS THAT RIGHT, KATIE? MM-HMM.

.

UH, SO WE DID, UH, WE TRIED TO DO A RAPID PROCESS.

WE DID, UH, STRICTLY INTERVIEWS.

UH, BACK IN THE OLD DAYS YOU WOULD NOT WANT TO DO THAT BECAUSE YOU WOULD HAVE A HUNDRED CANDIDATES.

NOW THAT WE'RE GETTING 15 TO 20 CANDIDATES, WE WILL, UH, TO, TO HAVE A FASTER PROCESS.

WE BASICALLY JUST, UH, DID INTERVIEW TESTING.

UH, ORAL EXAMINATION IS ALLOWED BY THE, UH, CITY PERSONNEL MANUAL.

SO WE DID ALL THAT IN EARLY DECEMBER.

THE LIST WAS ESTABLISHED AND WE IMMEDIATELY SENT OUT BACKGROUND PACKETS.

SO WE'RE JUST WAITING ON THESE BACKGROUNDS TO GET DONE.

SO IF THE, LIKE THE FOUR THAT ARE GOING THROUGH THE BACKGROUND CHECKS MM-HMM.

, IF THEY ALL GO THROUGH, EVERYTHING GOES FINE, THAT'LL TAKE US TO 42.

UH, WHAT IF, UH, SOMEBODY DOESN'T PASS A BACKGROUND CHECK OR AT SOME POINT IN TIME DOESN'T ADVANCE TO THE NEXT LEVEL? HOW MANY DO WE HAVE ON THAT LIST THAT WE CAN GO TO? SO WE HAVE FOUR CURRENTLY IN BACKGROUND THREE, WE'RE WAITING ON THE CANDIDATES TO TURN THEIR BACKGROUND PACKETS IN.

SO THAT WILL GIVE US SEVEN CANDIDATES TO FILL, UH, FOR, UH, UH, THESE, UH, THESE THREE POSITIONS.

OKAY.

SO WE SHOULD, UH, IT'S BEEN OUR EXPERIENCE THAT WE SHOULD BE OKAY.

UM, IF WE, THE SECOND THAT WE FIND OUT THAT WE HAVE NO MORE CANDIDATES ALLOWED, UH, WE WILL DO ANOTHER POSTING AND DO THIS ALL OVER AGAIN.

UM, THIS LAST ROUND, WE WENT ALL THE WAY DOWN TO BUTLER COUNTY'S PARAMEDIC SCHOOL, UH, BUTLER COUNTY.

WE HIRED ONE, ONE PERSON OF OUR LAST HIRES THIS SUMMER CAME FROM BUTLER COUNTY.

UH, WE'RE GETTING GOOD FEEDBACK.

WE JUST ENTERED INTO AGREEMENT WHERE KIDS FROM BUTLER COUNTY ARE COMING UP TO YOU RIDES TO RIDE WITH US.

UH, THEY'RE GETTING GOOD FEEDBACK FROM, UH, THEIR EXPERIENCES WITH HUBER HEIGHTS, AND THEY WILL HAVE A PARAMEDIC CLASS, UH, GETTING READY TO GET OUT.

SO IF WE CAN'T GET, UH, THESE, UH, THESE REMAINING CANDIDATES OUT OF THIS SEVEN, WE'LL REPOST AND, UH, AND START THE PROCESS AGAIN.

UM, OKAY.

THANK YOU, CHIEF.

THANK YOU, MAYOR.

YES, RICHARD.

THANK YOU, MAYOR.

UM, A COUPLE OF QUESTIONS.

UM, AND BRIAN OR KATIE, UH, WHOEVER WOULD LIKE TO TACKLE THESE, UH, FIRST, UM, I KNOW, UM, ABOUT A MONTH OR SO BACK, UM, THE FINANCE DIRECTOR WAS UPDATING US ON SOME TEMPORARY STAFFING AND SOME, UH, STAFFING ISSUES WITHIN THE TAX DEPARTMENT.

DO WE HAVE ANY UPDATE ON WHERE WE STAND? UM, WITHIN THE PAST 30 DAYS ON GETTING APPLICANTS AND FOLKS READY FOR TAX SEASON THERE? UM, I DO BELIEVE THEY HAVE ONE OR TWO STAFF MAY, I THINK ONE, ONE TEMPORARY OVER IN THE TAX DEPARTMENT.

AND WE HAVE INTERVIEWED IN, PUT OUT AGAIN FOR MORE, UM, APPLICATIONS TO COME IN.

SO HOPEFULLY, UM, THERE'S A COUPLE BACKGROUNDS OUT THERE NOW FOR THOSE POSITIONS.

SO HOPEFULLY THOSE WILL GET BACK, UM, SHORTLY.

BACKGROUNDS TAKE PROBABLY TWO TO THREE WEEKS.

SO, UM, MY SECOND QUESTION IS, UM, I, LOOKING AT THE, UH, NEW, UH, TO CHART THAT, UM, DID HAVE THE PARS MANAGER STILL REMAINING IN THERE, I NOTICED THE, UH, THE GRADE BOX AROUND THE ECONOMIC DEVELOPMENT DIRECTOR, AND I KNOW THAT THE CITY HAS BEEN PUTTING OUT SOME JOB POSTINGS.

UM, I JUST WONDERED IF, UH, WE HAD ANY UPDATE ON, ON THAT POSITION? SURE.

WE, UM, WE HAD IDENTIFIED A CANDIDATE, UM, AND MADE AN OFFER AND UNFORTUNATELY, THAT CANDIDATE DID NOT RESPOND TO THAT OFFER.

SO WE WENT BACK OUT INTO THE MARKET, UH, AND AN ATTEMPT TO FIND ANOTHER CANDIDATE.

UM, SO WE'RE STILL FAIRLY EARLY.

WE JUST POSTED THAT RIGHT BEFORE THE HOLIDAY.

UH, I THINK IT WAS ABOUT 90 DAYS OR SO BEFORE THE LAST CANDIDATE, UH, THAT WE HAD TALKED TO, UH, FINALLY, YOU KNOW, CAME UP THROUGH THE SYSTEM.

SO WE'LL LET THIS AD SIT FOR A LITTLE BIT, UM, AND THEN, UM, HOPEFULLY WE'LL GET SOME QUALIFIED CANDIDATES, BUT IF WE DON'T, UH, WE'LL COME BACK TO COUNSEL WITH A, WITH A DIFFERENT PLAN AND A, AND A DIFFERENT RECOMMENDATION.

BUT WE'LL CONTINUE TO ADVANCE THE, UH, THE POSITION TILL THEN.

SO FROM, FROM YOUR, UM, FROM YOUR POSITION THERE WAS INTEREST PREVIOUSLY, AND IS IT YOUR BELIEF THAT THERE, THERE WILL BE REMAINING INTEREST, UM, OBVIOUSLY WITHOUT THE, UH, AFTER THE HOLIDAYS? UH, YES.

I MEAN, THERE, THERE'S ALWAYS INTEREST IN THE POSITION.

THE ISSUE IS WHETHER OR NOT THE INTEREST COMES WITH, UH, THE QUALIFICATIONS THAT RISE TO THE LEVEL OF DIRECTOR.

SO, UH, AND THAT'S REALLY WHERE WE FOUND OURSELVES THE LAST TIME.

THERE WERE A LOT OF CANDIDATES, UH, WHO WE RECEIVED RESUMES FOR WHO WOULD BE MORE IN LINE FOR THE, UM, ECONOMIC DEVELOPMENT COORDINATOR POSITION, MORE SO THAN THE DIRECTOR.

SO THE, WE'LL CALL IT 60 APPLICANT, UH, 60 APPLICATIONS WE RECEIVED OVER THE 90 DAYS, MAYBE TWO OR THREE, MET THE MINIMUM QUALIFICATIONS TO

[00:50:01]

BE THE DIRECTOR.

THE REST OF THEM, UM, TO SAY THAT THEY WERE THEM, UH, THEY WERE PROBABLY MAYBE A HALF DOZEN OR A DOZEN IN THERE THAT PROBABLY BETTER FIT THE QUALIFICATION OF THE, UH, ECONOMIC DEVELOPMENT COORDINATOR POSITION.

SO IF THAT IS THE BULK OF RESUMES THAT WE SEE THIS GO AROUND, WE'LL COME BACK AND TALK TO YOU ABOUT BRINGING THAT POSITION BACK ON STAFF.

SO WE AT LEAST HAVE THE RESOURCES TO BE ABLE TO, UM, TO DO SOME OF THOSE FUNCTIONS, RIGHT.

TO BE OUT AND DO, UH, BUSINESS VISITS AND TO MAKE SURE THAT WE'RE GETTING TO ALL OF THE APPROPRIATE NETWORKING EVENTS.

UH, BUT IF WE HAPPEN TO HAVE A QUALIFIED CANDIDATE COME IN FOR ECONOMIC DEVELOPMENT DIRECTOR, WELL BY ALL MEANS WE'LL SIT DOWN AND, AND, AND GET THAT PERSON, UM, IN AND INTERVIEWED AND, AND MAKE THEM AN OFFER IF THEY, THEY'RE A GOOD FIT.

EXCELLENT.

SURE.

THAT'S ALL I HAVE, MARY.

THANK YOU.

OKAY, THANKS RICHARD.

MARK.

UH, BRIAN, I'M GONNA ASK THE QUESTION A LITTLE BIT DIFFERENT.

YES, SIR.

THE ECONOMIC DEVELOPMENT DIRECTOR POSITION, IT'S YOUR EXPERIENCE THAT'S GONNA BE A TOUGH POSITION TO FILL BASED ON WHAT YOU'VE EXPERIENCED SO FAR.

YES, SIR.

OKAY.

UH, YOU MIGHT GET A TON OF APPLICANTS, BUT IT'S JUST A LOW PERCENTAGE THAT WOULD EVEN BE QUALIFIED CORRECT.

LET ALONE TAKE OUR OFFER.

CORRECT.

I'D LIKE TO THANK KATIE FOR THE WORK YOU DO IN HR.

I THINK YOUR POSITION, UH, JUST BASED ON WHAT YOU BRING TO THE TABLE AND TO US EACH YEAR FOR HEALTHCARE COVERAGE, YOU DON'T GET ENOUGH RECOGNITION.

UM, I THINK YOU'VE KEPT OUR ORGANIZATIONAL CHART IN LINE AND YOU'VE HAD TO WORK WITH SEVERAL MANAGERS TO DO THAT.

SO I APPLAUD YOU AND THANK YOU.

THANK YOU, CHIEF KNIK.

UM, I KNOW THAT YOU AND I HAVE TALKED RECENTLY WITH THE CITY MANAGER AND ONE OF YOUR MAIN OBJECTIVES IS NOT TO LOWER THE STANDARD EXACTLY.

OF EMPLOYEE.

AND I APPLAUD YOU FOR TAKING THAT STANCE.

IT WOULD'VE BEEN EASY FOR YOU TO HAVE LOWERED THAT STANDARD AND, AND HAD 49 FIREFIGHTERS, BUT I THINK THAT'S BEEN THE REAL VALUE TO THE COMMUNITY, IS THAT IT IS A SAFE PLACE TO LIVE AND THAT YOU'VE PROVIDED A HIGH LEVEL OF SERVICE.

AND I APPRECIATE THAT.

THANK YOU.

AND I, I DON'T THINK YOU GET RECOGNIZED AS OFTEN AS YOU SHOULD.

THANK YOU.

THANKS, MARK.

NANCY? UM, YES.

IF, UH, IF THIS VACANCY FOR THE ECONOMIC DEVELOPMENT DIRECTOR, UH, CONTINUES, UH, IS THIS SOMETHING THAT WE COULD HIRE A FIRM TO HELP US WITH? UM, THERE ARE CERTAIN SERVICES THAT WE CAN CONTRACT, UM, WHEN IT COMES TO ECONOMIC DEVELOPMENT, BUT NOT ALL SERVICES ARE SERVICES THAT CAN BE CONTRACTED.

SO FOR INSTANCE, THINGS SUCH AS, UM, THE NETWORK BUILDING THAT NEEDS TO OCCUR FOR THE DIRECT CONTACT WITH OUR LOCAL BUSINESSES, THOSE ARE SERVICES THAT WE WOULD NOT BE ABLE TO FARM OUT, UH, THROUGH A CONSULTANT.

UH, BUT THERE ARE SITE SELECTION FIRMS THAT WE WOULD BE ABLE TO, TO CONTRACT TO HELP US, UH, MAKE, UH, SHOULD SAY MAKE, UH, TO ENSURE THAT WE'RE HAVING CONTACT WITH, UH, THE, UH, THE LARGER BROKERAGE HOUSES, UH, THE LARGER DEVELOPMENT FIRMS. UH, BUT, UH, AS FAR AS AS OUR LOCAL NEEDS, WE'LL, WE'LL STILL HAVE TO HAVE SOMEONE EMPLOYED IN SOME WAY, SHAPE, OR FORM TO DO THAT, BUT, WELL, YEAH.

SOMEONE'S SUGGESTING IT'D BE A HUNDRED PERCENT SOLUTION, BUT IF WE COULD GET SOME OF IT, YOU KNOW, WHILE, BECAUSE THIS HAS BEEN AN ONGOING SURE.

CHALLENGE, UM, I THOUGHT MAYBE WE COULD GET SOME HELP IN THE INTERIM.

SURE.

THANK YOU.

YES, MARK.

ALSO, BRIAN, MAYBE AT SOME POINT YOU COULD TELL US WHAT'S NOT GETTING DONE IN REGARDS TO NOT HAVING AN ECONOMIC DEVELOPMENT DIRECTOR, BECAUSE HERE'S ANOTHER MAYBE SECRET.

UH, YOU'RE DOING A HECK OF A JOB IN THAT AREA.

THANK YOU, SIR.

AND I APPRECIATE THAT.

THANK YOU.

THANK YOU.

ANYONE ELSE? OKAY.

SO ANY OBJECTIONS TO MOVING THIS TABLE OF ORGANIZATION ONTO MONDAY? OKAY.

NEXTUP

[ Salary Ranges/Wage Levels]

IS ITEM THREE G, WHICH IS THE SALARY RANGES AND WAGE LEVELS.

KATIE? YES.

THANK YOU.

THIS RESOLUTION ACKNOWLEDGES AND SETS ALL THE SALARY RANGES FOR ALL THE EMPLOYEES OF THE CITY, NON-UNION.

UM, THIS WILL REFLECT ALSO THE PARKS MANAGER POSITION AND THEN THE ADDITIONAL RECOMMENDATIONS WE MADE AT THE PREVIOUS COUNCIL MEETINGS.

DO YOU HAVE ANY, ANY QUESTIONS? THANK, THANK YOU.

ANY QUESTIONS FOR KATIE? ANY OBJECTIONS TO MOVING THIS ON TO MONDAY? OKAY.

NEXT UP IS ADAM THREE

[ Case RZ 22-17 - Michael Skilwies - Rezoning/Replat - 9416 Taylorsville Road]

H, WHICH IS CASE R Z 22 DASH 17 FOR MICHAEL SKILLY, THE REZONING REPLAT IN 94 16 TAYLORSVILLE ROAD, RIGHT? UH, YES, SIR.

UH, AS YOU KNOW, THIS PARTICULAR ADAM WAS BEFORE COUNSEL FOR AN EXTENDED PERIOD OF TIME, UH, BACK IN, UH, 2022.

AND THIS PARTICULAR DATE, UH, WAS, UH, ESTABLISHED AS THE, UH, TABLE UNTIL POINT SO THAT, UH, STAFF AND, UH, CONTRACTORS COULD

[00:55:01]

REVIEW AND EVALUATE THE SITUATION, UH, AND BRING FORWARD AN APPROPRIATE RECOMMENDATION, UH, TO TRY AND RESOLVE SOME OF THE CONFLICTS WITHIN THE CODE, UH, AS WELL AS MEETING THE INTERESTS OF THE COMMUNITY WHEN IT COMES TO MR. SCHOOL'S BUSINESS.

SO BASED ON WHERE WE FIND OURSELVES TODAY, UH, WHICH IS THE TABLING OF THIS PARTICULAR LEGISLATION, UH, AS WELL AS THE RECOMMENDATIONS THAT HAD COME FROM, UH, AARON SORELL, UH, WITH COMMUNITY PLANNING INSIGHTS, UH, IT WOULD BE STAFF'S RECOMMENDATION THAT, UH, COUNSEL DENY, UH, THIS ORDINANCE AT THE MEETING ON THE NINTH IN LIEU OF THE PENDING TEXT AMENDMENTS, WHICH WILL BE FORTHCOMING AT THE NEXT MEETING, AS THAT WAS THE RECOMMENDED COURSE OF ACTION BY THE PLANNER ON HOW TO RESOLVE THIS PARTICULAR ISSUE.

UH, MR. SCALIES HAS BEEN BRIEFED ON THIS COURSE OF ACTION AND IS SUPPORTIVE OF THAT AS WELL.

UH, SO WE WANTED TO MAKE YOU AWARE THAT, UH, HE WAS AN ACTIVE PARTICIPANT IN OUR DECISION MAKING IN OUR RECOMMENDATION PROCESS.

SO, WITH THAT, SIR, WE'RE HAPPY TO ANSWER ANY OTHER QUESTIONS OR CONCERNS THAT YOU MIGHT HAVE FROM COUNSEL.

OKAY.

SO STAFF RECOMMENDATIONS, DENY THIS PIECE OF LEGISLATION, AND THEN ONCE THE TEXT EVENTS GO THROUGH THE PLANNING COMMISSION, THEN WE WILL SEE THAT BACK BEFORE COUNSEL.

THAT IS CORRECT, SIR.

YES.

ANY OTHER QUESTIONS AT, OKAY.

UM, BRIAN, I'M FOLLOWING YOU WITH THE DENIAL ON MONDAY.

UH, WHAT WOULD BE THE TEXT RECOMMENDATION CHANGES? UH, WOULD THAT APPROVE MR. GILLIS'S, UM, REPAIR SHOT REPAIR FACILITY AND AGRICULTURAL ZONING? SO THE TEXT AMENDMENTS, SO WHAT WOULD HAPPEN PROCEDURALLY, UH, IS THAT THE, THE NEXT COUNCIL MEETING IN JANUARY, THERE WOULD BE THE PUBLIC HEARING, UH, FOR, UM, I BELIEVE IT IS FOUR TEXT AMENDMENTS.

UM, FOLLOWING THAT PUBLIC HEARING, LET'S ASSUME THAT COUNSEL ADOPTS THOSE TEXT AMENDMENTS THAT IS NOT AN AUTOMATIC FOR, UH, MR. SCWI.

SO THEN MR. SCWI WOULD THEN HAVE TO APPLY, UH, TO THE PLANNING COMMISSION BASED ON THOSE NEW AMENDMENTS, AND IT WOULD MOVE THROUGH THE PROCESS THAT WAY.

SO EFFECTIVELY IT CREATES A PROCESS, UH, THAT DID NOT EXIST FOR MR. GILIS WHEN HE ORIGINALLY CAME FORWARD TO TRY AND RESOLVE THIS CONFLICT.

THIS IS ZONING LAND USE CONFLICT.

OKAY.

AND THESE TEXT AMENDMENTS, WOULD THEY BE, UM, THEY WOULD EVENTUALLY SHOW UP AS A CHANGE IN OUR ORDINANCE? YES, SIR.

SO COUNSEL WOULD HAVE TO VOTE ON EACH ONE OF AS AS INDIVIDUAL PIECES OF LEGISLATION.

OKAY.

AND, AND OBVIOUSLY IT WOULD BE A CHANGE IN THE ORDINANCE TO HOW WE IDENTIFY AGRICULTURAL, WHAT'S APPROVED IN AGRICULTURAL, UH, ZONE PROPERTIES, UH, CORRECT.

AND MR. CRELL WILL BE HERE TO MAKE A PRESENTATION ON THAT DURING THE PUBLIC HEARING.

OKAY.

AND THAT'LL BE AT THE NEXT, WHEN DID YOU SAY NEXT WORK SESSION IF WE VOTE THIS DOWN ON MONDAY OR THEY, THEY'VE BEEN THROUGH PLANNING COMMISSION ALREADY AND APPROVED BY PLANNING COMMISSION.

SO THEY'LL BE AT THE NEXT WORK SESSION ON JANUARY THE 17TH, FOLLOWED BY PUBLIC HEARINGS AND CONSIDERATION BY COUNSEL AT THE COUNCIL MEETING.

OKAY.

ON, UH, SO IN ALL THE NECESSARY JANUARY 23RD, I'M SORRY, 20 IN ALL THE NECESSARY INFORMATION'S ALREADY IN THE, THE REPORT FROM THIS PARTICULAR MEETING FOR THE PLANNING COMMISSION.

SO I JUST HAVE TO READ THAT.

THAT'LL BRING ME UP TO SPEED.

THANK YOU, BRIAN.

THANK YOU, MAYOR.

ANYTHING ELSE? OKAY.

UH, WE KNOW WHAT STAFF'S RECOMMENDATION IS OF, IS THERE ANY OBJECTIONS TO MOVING THIS ON TO, UH, THE MEETING ON MONDAY? OKAY,

[ Liquor Permit #6074542 - Sands Seafood And Sports Bar - 6250-6254 Chambersburg Road]

NEXT UP IS ITEM THREE I, WHICH IS LIQUOR PERMIT NUMBER 6 0 7 4 5 42, WHICH IS FOR SANDS SEAFOOD AND SPORTS BAR, UH, AT 62 50 AND 62 54 CHAMBERSBURG ROAD, TONY.

OKAY, SO THIS IS, UH, THE FORMER SITE OF OMAS ITALIAN RESTAURANT IN THE HUBER CENTER.

UH, THERE ARE A NEW RESTAURANT THAT ARE COMING IN AND HAVE MADE APPLICATION FOR A LIQUOR PERMIT.

UH, THERE WERE NO OBJECTIONS FROM THE POLICE OR FIRE DIVISIONS.

UM, THEY ARE REQUESTING D ONE, D TWO, D THREE, AND D THREE A PERMITS.

AND, UM, IF THERE'S NO OBJECTIONS, THEN WE WOULD ASK FOR A MOTION ON MONDAY TO PRESENT THIS BEFORE COUNSEL TO NOT OBJECT TO THE, UH, GRANTING OF A NEW, UH, LIQUOR PERMIT FOR SAND SEAFOOD IN SPORTS BAR.

THANKS, TONY.

UH, ANY QUESTIONS? MAYOR, MAY I HAVE A QUESTION, PLEASE? YES.

TONY, CAN YOU PLEASE CLARIFY? WHAT WAS THAT ONE LIQUOR PERMIT THAT WE HAD IN, WAS IT A D FIVE? IS THAT MY MEMORY SERVES ME? D FIVE IS THE ONE THAT YOU GUYS HAVE ADVANCED ME THAT WE'VE, WE DIDN'T CARE FOR.

YEAH.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? ANY OBJECTIONS TO MOVING THIS ONE TO MONDAY? YES.

ON THESE OTHERS, THEY'VE BEEN ABLE TO JUST TRANSFER THE LICENSE.

WAS THERE A REASON WHY THEY COULDN'T TRANSFER THE DEROMA LICENSE? CUZ THEY HAD A LIQUOR LICENSE TO THIS.

WE HAD THE TRANSFERS BEFORE THAT'S, UH, FOR, UH, BETWEEN VENDORS AT THE SAME SITE THAT THEY'RE JUST, SOMETIMES THEY REORGANIZE AS A CORPORATION OR THEY TRANSFER OWNERSHIP OF THE LAKER PREVENT.

THIS IS, UM, A NEW BUSINESS GOING IN TO A NEW SITE.

AND

[01:00:01]

SO THEY'RE, THEY HAVE TO MAKE APPLICATION TO, TO GET A LIQUOR PERMIT.

OKAY.

I WAS JUST WONDERING WHAT THE DIFFERENCE WAS THERE.

THAT'S THE DIFFERENCE.

OKAY.

YOU KNOW, I, YES, I WAS KIND OF CURIOUS THAT THEY'RE ASKING FOR A, A D THREE A AND, UM, A D THREE ALLOWS THEM TO OPERATE UNTIL 1:00 AM A D THREE A ALLOWS 'EM TO OPERATE TILL 2:30 AM I MEAN, ARE THEY REALLY THINKING ABOUT OPERATING THAT LATE SPORTS BAR? PART OF IT'S A SPORTS BAR STILL, IT'S TWO ADDRESSES, RIGHT? SO THERE, SO ONE, IT LOOKS LIKE ONE PIECE MAY, WELL, I THINK IT'S THOSE TWO.

IT'S THOSE TWO, TWO ADDRESSES, BUT IT'S A COMBINED AREA THAT THOSE TWO SPACES HAVE, BUT IT'S UP THAT ADDRESS BEFORE THEY CAME IN, SO.

OKAY.

SO THEY MIGHT SHUT DOWN THEIR DINNER AT 10 30, MIGHT STOP SERVING FOOD AND CONTINUE SERVING ALCOHOL UNTIL TWO 30 AS A SPORTS BAR.

OKAY.

ANY OTHER QUESTIONS? ANY OBJECTION? OKAY.

X IS

[ Liquor Permit #3079899 - Marathon - 7851 Old Troy Pike]

ITEM THREE J, WHICH IS A LIQUOR PERMIT NUMBER 3 0 7 98 99.

UH, THIS IS THE, UH, PERMIT AT THE MARATHON STATION AT 1751 OLD ROAD.

YES.

SO THIS IS A FAMILIAR ONE YEP.

THAT YOU'VE HAD BEFORE YOU SEVERAL TIMES.

UH, DAVE, DID YOU WANNA SPEAK TO THIS OR JURY? UM, HAS THIS BEEN THE SUBJECT OF SOME NEGOTIATION? YEAH, YEAH, I CAN SPEAK TO IT.

I KNOW, UM, THAT EARLIER TODAY, I MEAN, JUST TO REMIND COUNSEL, THIS IS SORT OF AN ORGANIZED WORKOUT, IF YOU WILL, WITH THE OPERATORS WHERE THEY'LL BE SURRENDERING THE D FIVE.

UM, AND THEN OBTAINING C PERMITS, WHICH ARE FOR CARRY OUT, UH, RETAIL SALES.

SO WE'VE BEEN WORKING THROUGH THAT WITH, UH, THE PROPERTY OWNER'S COUNCIL OR THE WICKER HOLDER PERMITS COUNCIL.

UH, JERRY WAS IN CONTACT TODAY WITH THE DIVISION OF LIQUOR CONTROL.

UM, THE DIVISION OF LIQUOR CONTROL HAS A PROCESS THAT THEY'RE TRYING TO GO THROUGH.

UH, THERE'S A LITTLE BIT OF A, I DON'T EVEN WANT TO CALL IT A SNAG, JUST A DELAY IN THAT PROCESS.

SO JERRY WAS WORKING THROUGH THAT.

UM, AGAIN, THE PERMIT HOLDERS TOLD EVERYONE'S ON BOARD.

IT'S JUST A MATTER OF GETTING THIS PUSHED THROUGH, UH, LIQUOR ACCOUNT TOLL, UM, TODAY ADVISED, UH, THAT THOSE C PERMITS ARE BEING EXPEDITED.

UM, AND SO, YOU KNOW, FROM JERRY'S PERSPECTIVE, YOU CAN EITHER, UH, A APPROVE AND DO NOTHING.

UH, OR IF YOU WANT TO OBJECT, THAT'S FINE EITHER WAY.

THE PROCESS SHOULD BE ABSOLUTELY COMPLETED BY THE TIME, HOPEFULLY THAT PAPERWORK WOULD EVEN MAKE ITS WAY UP TO COLUMBUS.

UH, BUT IF NOT IN SHORT ORDER, AND IT'S MORE OR LESS A MOOT POINT.

I THINK THAT'S, YOU KNOW, OUR BIG DISCUSSION WAS THAT WAS A, A GOOD WORK, YOU KNOW, WORKAROUND OR WORK THROUGH, SO TO SPEAK, WHERE GOODWILL FROM THE CITY, WE HAVE GOODWILL FROM A BUSINESS OWNER THAT UNDERSTANDS WHAT OUR, UH, ISSUES AND SITUATIONS ARE, AND THEY'RE WILLING TO RELINQUISH THAT D FIVE CONCEAL A LICENSE.

SO I THINK THAT'S HOW WE'VE, UH, HOW WE GOT TO THIS PROCESS.

SO I THINK I'M, I'M PRETTY HAPPY WITH THAT.

I DON'T KNOW ABOUT THE REST OF YOU, BUT, UH, ANY QUESTIONS, RICHARD? UH, OR COMMENTS? OH, I'VE GOT A LOT OF COMMENTS ON IT.

I DON'T THINK IT'D BE APPROPRIATE FOR TONIGHT'S MEETING.

UM, DAVE, UM, I, I WOULD LIKE TO REQUEST, AND I JUST WANT COUNCIL MEMBER, WE HAVE BEEN AT THIS, IT SEEMS LIKE FOR WELL, WAY TOO DARN LONG.

UM, IS THERE ANY WAY THAT WE CAN, UH, GET SOME CONSTANT UPDATE ON THIS, UH, WHEN IT'S OFFICIALLY SURRENDERED? UM, AND, UM, THAT WE KNOW THAT THE NEW LIQUOR LICENSE IS IN PROCESS.

UM, AND ALSO, UM, WHERE ARE WE AT, AT AS A, UM, ON ZONING TO MAKE SURE THAT, UH, THEY DON'T HAVE ANY MORE, UM, LIQUOR PROPAGANDA ON THEIR, UH, ON THEIR, UH, PROPERTY AS FAR AS, UH, SERVING SHOTS, SHOT GLASSES INSIDE OPEN WINE BOTTLES, THINGS OF THAT NATURE THAT THEY ARE ACTUALLY COMPLIANT WITH THIS? YEAH, SO I MEAN, I'LL SPEAK IN GENERALITIES.

I'M SOMEWHAT FAMILIAR WITH THIS, BUT OBVIOUSLY NOT THE LEVEL OF DETAIL THAT, THAT JERRY HAS.

AND BRIAN CAN CERTAINLY JUMP IN HERE IF I'M SAYING ANYTHING OUTTA LINE.

SO TO THE POINT, WE CAN CERTAINLY PROVIDE YOU UPDATES AS WE GET THEM FROM THE DIVISION OF LIQUOR CONTROL.

UM, BETWEEN JERRY, THE APPLICANT'S COUNSEL, UH, AND THE ATTORNEY FOR THE DIVISION OF LIQUOR CONTROL, THERE'S A FAIRLY, UM, REGULAR CHAIN OF COMMUNICATION GOING AS THIS WORKS ITS WAY THROUGH THE PROCESS.

SO AS WE GET UPDATES AS TO WHEN THAT TRIGGER HAS ACTUALLY OCCURRED, WE CAN CERTAINLY ADVISE TONY AND COUNSEL AS TO, TO WHAT HAPPENS THERE.

ON THE SECOND PART, UM, IF I UNDERSTOOD THE QUESTION CORRECTLY, IF IT FROM A, FROM A, UH, ZONING PERSPECTIVE, RIGHT? ONE THING TO KEEP IN MIND IS THAT THE DIVISION OF WICKER CONTROL WILL CLASSIFY, UH, PROPERTIES PERHAPS SLIGHTLY DIFFERENT THAN WHAT THE CITY ZONES A PROPERTY FOR.

AND SO WE HAVE BEEN IN CONTACT, AGAIN, WITH THE DIVISION OF WICKER CONTROL

[01:05:01]

ON THESE ISSUES, BECAUSE A DIVISION OF LIQUOR CONTROL MAY CLASSIFY SOMETHING, AND I'LL BE, YOU KNOW, FOR PURPOSES OF LIQUOR PERMITTING AS CATEGORY X, WHICH IS AN INTERNAL DESIGNATION ON THEIR PART, IT DOESN'T NECESSARILY TIE TO WHAT THE ZONING OF THE PROPERTY IS.

AND SO MAKING, UM, THOSE TWO COMPATIBLE CAN SOMETIMES BE CHALLENGING BECAUSE ZONING WILL NOT ALWAYS MESH EXACTLY WITH HOW THE DIVISION DEFINES A PREMISES FOR PURPOSES OF PERMITTING.

DOES THAT MAKE SENSE? IT, IT DOES.

I I THINK WE CAN ALL AGREE THE WAY THE STATE, UH, DEFINES, UM, SOME OF THEIR LIQUOR PERMITS IS, UM, RIDICULOUS.

AND I'M SAYING THAT AS ABOUT AS PLEASANT AS I'LL GET OUT, BUT, BUT I KNOW WE'VE HAD PREVIOUS CONVERSATIONS ON HOW WE CAN MORE ALIGN SOME OF OUR ZONING, SOME OF OUR WORDING AT THE CITY, UM, TO MAKE THINGS LIKE THIS, UH, NOT OCCUR IN THE FUTURE AND MAKE IT, UM, I GUESS MORE PLEASURABLE, UH, NOT ONLY FOR OUR COMMUNITY, BUT FOR OUR BUSINESS OWNERS TO OPERATE AS WELL.

UH, SO THAT'S WHERE I WAS GOING WITH THE ZONING AND KIND OF THE COMPLIANCE PIECE ON THIS AS WELL.

ONCE, ONCE THEY ARE OFFICIALLY DURING THE, WHAT IS THE COMPLIANCE PIECE ON IT TO MAKE SURE THAT THEY ARE UPHOLDING TO THAT? YEAH, SO, SO I MEAN, THE, THE LIQUOR CONTROL HAS LIQUOR INSPECTION AGENTS THAT WILL COME AND DO PERIODIC INSPECTIONS OF A PREMISES MM-HMM.

.

UM, AND THAT'S OFTEN THE PRIMARY MEANS OF ENFORCEMENT.

UM, IF THERE ARE, YOU KNOW, UM, VIOLATION NOTICES, IF YOU WILL, OR, YOU KNOW, INCIDENCES OF VIOLATIONS THAT GET REPORTED, YOU KNOW, THAT MAY TRIGGER ONE OF THOSE INSPECTIONS.

UH, YOU KNOW, THEY'RE ANNUAL INSPECTIONS THAT TAKE PLACE EVERY TIME THE RENEWAL COMES UP.

SO FROM AN ONGOING, I'LL CALL IT MANAGEMENT STANDPOINT, IF THAT'S, YOU KNOW, HOW DO WE MONITOR AND MANAGE WHAT'S TRANSPIRING THERE, THOSE ARE PROBABLY THE TWO BEST MECHANISMS IN WHICH TO DO IT.

AND THEN ULTIMATELY, EVERY TIME A RENEWAL COMES UP, YOU KNOW, THERE'S CERTAIN STATUTORY, UM, CRITERIA FOR WHICH YOU CAN MAKE AN OBJECTION TO A PERMIT, EITHER BASED UPON THE APPLICANT OR BASED UPON THE PREMISES ITSELF.

BUT YOU CAN WORK TO BUILD A RECORD, IF YOU WILL.

SO IT, IT, IT MAY NOT BE AN INSTANTANEOUS PROCESS, AS THE CITY KNOWS, AND I KNOW WE'VE BEEN INVOLVED WITH SOME OF THESE OBJECTIONS, YOU KNOW, EVEN, EVEN WHEN YOU OBJECT, IT CAN SOMETIMES BE SORT OF A MONUMENTAL TASK TO GET ONE OF THESE OPERATIONS SHUT DOWN ONCE THE PERMIT HAS BEEN ISSUED.

SO SORT OF BUILDING THAT CASE PIECEMEAL, I THINK GOES A LONG WAY TO, TO, IF AND WHEN AN OBJECTION FOR A RENEWAL OR AN ISSUANCE, IF THIS WOULD BE A NEW APPLICANT COMING IN, SAME APPLICANT THAT EXISTED, BUT AT A NEW LOCATION.

SO IT'S A NEW PERMIT, NOT A RENEWAL, UM, THOSE WOULD BE OPPORTUNITIES THEN TO PURSUE THAT.

THANK YOU, MAYOR.

ON THAT, UH, SAME POINT.

UH, I, I WOULD ASK COUNSEL, UM, AND MAYBE A CONJUNCTION WITH OUR PLANNING, UH, COMMISSION, UH, TO TAKE A REVIEW OF OUR TEXT AMENDMENTS, UH, MAKING SURE THAT ALL OF OUR ZONING AND OUR, UM, OUR PROPER DESCRIPTIONS ARE AS TIGHT AS ALL GET OUT.

SO WE DO NOT HAVE THESE ISSUES IN THE FUTURE.

I KNOW THESE ARE CONVERSATIONS WE'VE HAD PROOF, SO I JUST WANNA MAKE SURE THERE'S ONE COUNCIL MEMBER.

IT'S ON MY RADAR TO STILL MAKE SURE THAT WE ARE TIGHTENING THOSE UP.

OKAY.

I THINK, UM, IS THERE ANY NEED TO HAVE THAT ON THE, ON, ON A FUTURE WORK SESSION OR WORK SESSION SOON? OR IS THAT, WOULD, WOULD THAT BE SOMETHING IF WE'RE NOT SEEING THE PROGRESS THAT WE NEED MADE? OR ARE YOU ASKING FOR A WORK SESSION AGENDA? UH, IN, IN MY OPINION, I WOULD, UH, I WOULD, UM, DEFER THAT TO OUR, UH, CITY MANAGER TO SEE IF THAT'S SOMETHING THAT HE WANTS STAFF TO REVIEW.

UM, I, I'M FINE, YOU KNOW, WITHIN THE NEXT COUPLE OF MONTHS, UH, FOR A REVIEW ON THAT.

UM, BUT I THINK AS, AS OUR CITY CONTINUES TO GROW, WE'RE GONNA SEE CONTINUED BUSINESS GROWTH.

UH, WE'RE GONNA SEE ADDITIONAL TRANSFERS, UH, YOU KNOW, UH, VACANT BUSINESSES THAT ARE GOING TO BE INHABITED BY, YOU KNOW, FUTURE BUSINESSES, UM, SUCH AS THE SPORTS BAR.

UH, SO I'D LIKE TO JUST MAKE SURE THAT WE ARE BEING PROACTIVE, UH, AS MUCH AS POSSIBLE ON THIS.

BRIAN, IS THAT SOMETHING THAT YOU COULD ADD TO YOUR LIST AND JUST KIND OF GET BACK TO US SOMETIME OVER THE NEXT 60 DAYS AND DETERMINE IF THAT NEEDS TO BE SOME OTHER TYPE OF ACTION TAKING REGARDING THAT? YEAH.

WE'LL, UH, WE'LL NOTE THIS IS, UH, IN THE, UH, COUNCIL REQUEST SHEET.

AND I KNOW THAT THIS WAS AN ITEM THAT, UM, MR. CRELL AND, AND MR. MCDONALD HAD TALKED ABOUT PREVIOUSLY.

I DON'T KNOW WHERE THAT IS IN, IN THEIR CONVERSATIONS, BUT I DO KNOW THAT THIS IS, UH, AN ITEM THAT THEY HAVE DISCUSSED.

SO, UH, HAPPY TO FOLLOW UP ON THAT AT, AT SOME POINT IN TIME IN THE NEXT 60 DAYS AND, AND JUST PROVIDE YOU A GENERAL UPDATE BASED ON THINK RICHARD'S.

I GOOD.

THAT SOUNDS FINE.

YEAH, MARY, OUTSIDE OF THAT, ON BOTH THOSE ITEMS, I'M COMPLETELY SATISFIED WITH THE PROGRESS WE'VE MADE ON THIS.

OKAY.

THANK YOU.

THANK YOU.

UH, ANY OTHER QUESTIONS, COMMENTS, OR OBJECTIONS TO MOVE THIS ONTO MONDAY? OKAY, SEEING NONE, WE'LL MOVE ON.

AND NEXT

[ Liquor Permit #4044836 - Double Deuce - 5186 Brandt Pike]

UP IS ITEM THREE K, WHICH IS LIKE A REMIT NUMBER 4 0 4 4 8 36 FOR THE DOUBLE DEE AT 51 86 BRAND PIKE.

OKAY.

ANOTHER FAMILIAR ONE HERE.

SO, UM, THIS IS A REQUEST FOR A TRANSFER, KIND OF

[01:10:01]

WHAT ANITA WAS JUST ASKING ABOUT AT THE SAME LOCATION, UM, FOR THE TRANSFER OF THE LIQUOR PERMIT.

IT IS A D FIVE AND A D SIX PERMIT, UM, AS PART OF THE APPLICATION.

UM, I KNOW THERE'S BEEN SOME CONCERNS RAISED ABOUT, UH, THIS SITE AS WELL, UH, IN SPEAKING WITH THE LAW DIRECTOR.

AND DAVE, IF YOU CAN ADD ANYTHING YOU WANT, UH, TO THAT AS WELL.

UM, MR. MCDONALD HAD TOLD ME TODAY, UM, ON A TRANSFER, IF WE DIDN'T HAVE THAT RECORD THAT DAVE WAS JUST TALKING ABOUT, HE DIDN'T THINK THAT THE CITY REALLY HAD ANY GROUNDS FOR MAKING AN OBJECTION AT THIS POINT.

UM, BUT IF THERE'S ANYTHING ELSE YOU WANT TO ADD? NO, I MEAN, I THINK TONY'S PROVIDED A GOOD SUMMARY.

THIS IS ONE OF THOSE EXAMPLES THAT I ALLUDED TO EARLIER WHERE THE DIVISION OF LIQUOR CONTROL HAS CLASSIFIED THE PROPERTY AS A CERTAIN DESIGNATION, WHICH ALLOWS IT TO THEN HAVE THE LIQUOR PERMIT, WHICH AS MR. SHAW INDICATED, YOU SORT OF SCRATCH YOUR HEAD AND SAY, HOW ON GOD'S EARTH HAS THIS EVER BEEN CLASSIFIED AS SUCH? BUT THAT'S THE DIVISION OF, UH, LIQUOR CONTROL FOR YOU, UM, AS IT RELATES TO THE PERMITTING.

SO AS, AS, AS TONY INDICATED, UM, THE GROUNDS TO FILE THE OBJECTION OR THE SUCCESS OF MAINTAINING THAT OBJECTION, BASED UPON ALL THE INFORMATION THAT WE HAVE, AND WE HAVE BEEN IN CONTACT AGAIN WITH THE DIVISION OF WICKER CONTROL SPECIFICALLY ON THIS, UM, WOULD BE, UH, AN UPHILL BATTLE TO SAY THE LEAST.

SO WHAT HAPPENS IF, UM, IF WE, IF WE DIDN'T APPROVE THIS, DOES THAT, WHAT DOES THAT, WHAT IS IT? GET A HEARING? I MEAN, WHAT, WHAT, WHAT'S THAT? WHAT'S THAT PROCESS? WE, WE DON'T REALLY APPROVE OR DISAPPROVE.

WHAT WE HAVE IS THE OPPORTUNITY TO REGISTER AN OBJECTION BY REQUESTING A HEARING.

AND THEN THE OHIO DIVISION OF LIQUOR CONTROL, UH, SCHEDULES THE HEARING.

WE WOULD PRESENT WHATEVER INFORMATION WE THINK, AND IT'S THE STATUTORY, UH, STATUTORY, UH, GROUNDS FOR MAKING AN OBJECTION.

THAT WOULD BE THE BASIS OF THE ADMINISTRATIVE RULING ON THE SITUATION.

AND THEN IT WOULD BE THE HEARING OFFICER WOULD, YOU KNOW, RULE ONE WAY OR ANOTHER BASED ON THAT OBJECTION.

HOW SOON DO WE HAVE TO MAKE THAT REQUEST? WHAT'S THE, WE WOULD HAVE TO, YOUR HONOR, ONCE THEY SEND IT, THE DATE THEY SEND IT TO US, UH, THERE'S A 30 DAY RESPONSE TO REQUEST THE HEARING.

AND, UM, THAT, DOES THAT REQUIRE COUNSEL ACTION AT A COUNCIL MEETING? YEAH, WE WOULD DO, JUST LIKE WE DID, WOULD DO IF WE'RE NOT REQUESTING OBJECTION, BUT IT'D BE PHRASED DIFFERENTLY TO REQUEST THE OBJECTION AND WHICH WOULD BE TO REQUEST A HEARING.

SO WHAT IS OUR TIMEFRAME THEN TO, IF THAT'S WHAT HAS TO BE POSTMARKED RESPONSE TO THEM NO LATER THAN JANUARY 13TH.

SO YOU'D HAVE TO TAKE ACTION AT MONDAY'S.

AT MONDAY'S MEETING.

OKAY.

RICHARD MAYOR, AS ONE COUNCIL MEMBER, I HAVE BEEN, UH, STEADFAST ON THIS ISSUE IN THIS LOCATION AS BEING A, UH, IN MY OPINION, A NUISANCE TO THE COMMUNITY.

I WOULD ASK THAT TO ALL COUNSEL, JOIN ME, UH, IN A UNANIMOUS DECISION ON MONDAY TO SUBMIT AN OBJECTION REQUEST IN A HEARING, UH, UH, FOR THE OHIO LIQUOR CONTROL FOR THIS PARTICULAR LOCATION.

ANYTHING, UM, YEAH, I CAN'T SAY THAT IT'S A NUISANCE, BUT THE, THIS HAS BEEN AN EVOLUTION.

THIS HAS BEEN A TRANSFER, HAS IT NOT DAVE, FROM BUSINESS TO BUSINESS? IT HASN'T BEEN A NEW ESTABLISHED LICENSE.

I CANNOT SPEAK TO THAT.

I, I THINK IT HAS, TONY MAY KNOW, AND THIS, THIS NOT A SERIES OF TRANSFERS, AND THIS THE DOUBLE DEE RESTAURANT, WELL, BEFORE THAT, IT WAS A SIT DOWN RESTAURANT PIZZA.

IT WAS THE CHINESE RESTAURANT.

AND IT'S, THAT WAS THE DOUBLE DE, YEAH, IT STARTED PIZZA GAS STATION.

AND WHY WOULD THAT NOT BE A BASIS FOR US TO OBJECT THAT THE, THAT THE ORIGINAL LICENSE WAS ISSUED FOR A FAMILY RESTAURANT, YOU KNOW, THAT WAS TOTALLY SIT DOWN AND THEN IT EVOLVED TO A PIZZA PLACE, AND NOW IT'S EVOLVED TO A GAS STATION, AND THEY FOLLOWED THAT D FIVE ALL THE WAY THROUGH.

SO THE ORIGINAL INTENT HAS BEEN LOST.

THE, THE ORIGINAL INTENT, I DON'T DISAGREE WITH, YOU KNOW, SORT OF THE, THE, THE TRANSFER AND CERTAINLY THE BUSINESS OR THE NATURE OF THE BUSINESS FOR THE UNDERLYING USE.

THE, THE, THE ISSUE THAT YOU GET INTO IS THERE ARE SET STATUTORY CRITERIA TO WHICH YOU CAN OBJECT TO, OR WHICH YOU CAN, YOU KNOW, VALIDLY OBJECT TO, AND TO WHICH ANY OBJECTION IS GOING TO BE MEASURED.

AND SO UNDER THIS SCENARIO, BASED UPON A CERTAIN SPECIFIC FACTUAL, UM, FLOW, I GUESS IS PROBABLY THE BEST WAY TO SAY IT, RIGHT? THE DIVISION OF BOOKER CONTROL HAS DETERMINED AND HAS DETERMINED FOR SIMILARLY SITUATED LOCATIONS THROUGHOUT THE STATE.

SO NOT NECESSARILY SPECIFIC TO THIS ONE, BUT THEY, DIVISION OF LIQUOR CONTROL HAS A TREND TO SAY, IF THESE CERTAIN FACTUAL PATTERNS LINE UP, THEN AN ESTABLISHMENT WOULD QUALIFY FOR THE PURPOSE OF A LIQUOR PERMIT.

SO EVERY TIME A PERMIT GOES THROUGH A RENEWAL, THERE'S A FULL, YOU KNOW, I MEAN, AN APPLICATION'S FILLED OUT, BACKGROUND CHECKS ARE RUN, INSPECTIONS ARE DONE.

I MEAN, IT'S, IT, IT'S A PROCESS.

IT'S NOT JUST TO CHECK THE BOX THAT YOU GO THROUGH,

[01:15:01]

BUT, BUT TO ATTACK THAT SPECIFICALLY, YOU ARE ACTUALLY GOING TO BE MORE OR LESS ATTACKING THE UNDERLYING DECISIONS THAT THE DIVISION OF LIQUOR CONTROL HAS MADE ON A STATEWIDE BASIS FOR SIMILARLY SITUATED, UM, LOCATIONS, WHICH, YOU KNOW, AS I SAID EARLIER, IS GOING TO BE A TALL TASK TO BE SUCCESSFUL ON, IN OUR OPINION.

I MEAN, AND WE'VE, WE'VE STUDIED THIS PRETTY THOROUGHLY.

THAT'S NOT TO SAY OBJECTIONS CAN'T BE MADE, BUT JUST SO COUNSEL UNDERSTANDS THE MERITS OF, OF WHAT THOSE OBJECTIONS MIGHT BE.

RIGHT.

REALISTIC EXPECTATION.

CORRECT.

OKAY.

THANK YOU.

MAYOR, CAN YOU JUST ANSWER ONE QUESTION? WHY IS IT UNDER A PREVIOUS TENANT'S NAME? IT'S NOT THEIR NAME APPLYING OR FOR THE RENEWAL, BECAUSE THEY STILL IN THE GAS STATION, BECAUSE THEY STILL IN THE GAS.

OKAY.

MA, I'M MAYOR.

I'M IN FAVOR OF VOTING NO ON THIS ON MONDAY.

I'M NOT INCLINED TO HAVE ANOTHER D FIVE IN MY CITY.

THANK YOU.

ALRIGHT, SO UNLESS THERE'S OTHER SPECIFIC YET, DON, THANK YOU, MAYOR, TO THE LAW DIRECTOR.

DOES A REQUEST FOR A HEARING GUARANTEE, UH, THAT WE WOULD INDEED HAVE A HEARING, OR IS THERE A PROCESS THAT WOULD WASH THIS OUT PRIOR TO ANY HEARING? UM, I CANNOT ANSWER THAT SPECIFICALLY, BUT I CAN FIND THAT ANSWER FOR YOU IF THE HEARING, IF YOU REQUEST IT BY THE DEADLINE.

UH, MY REASON FOR ASKING THAT IS SIMPLY TO SAY, UM, UH, WELL, FIRST OF ALL, I'LL SAY THAT I AGREE WITH, UM, COUNCILMAN SHAW AND, UH, OBJECT TO THIS THING ALL OVER THE PLACE.

HOWEVER, IF REQUESTING A HEARING DOES GET US A DAY IN COURT, AND IF NOTHING MORE THAN TO LET THIS COMMUNITY'S OBJECTIONS BE KNOWN, I WOULD BE IN FAVOR OF DOING THAT.

UH, IT, IT MAY NOT GO ANYWHERE AND, AND ALL PROBABILITY WON'T GO ANYWHERE, BUT I'M NOT SURE I OBJECT TO US JUST TAKING A STAND AS A CITY COUNCIL AND SAYING, YEAH, WE, WE'D LIKE TO TELL YOU WHY WE DON'T LIKE THIS.

OKAY.

RIGHT.

YEP.

SO I THINK UNLESS THERE'S ANY OTHER DISCUSSION OR QUESTIONS ABOUT IT, AND I THINK WE JUST NEED TO KNOW IF THERE'S ANY OBJECTIONS TO MOVING IT FORWARD.

AND THEN, UM, JUST BASED ON HAVING IT ON THE AGENDA ON MONDAY, THEN WE WILL, UH, CERTAINLY EVERYONE VOTE HOW THEY WOULD WANT TO VOTE.

AND IF THAT ENDS UP IN, UH, A REQUEST FOR A HEARING, THEN WE'VE CERTAINLY MET THE TIMELINE BY THE 13TH IS THE REQUIRED DATE.

AND, AND THEN, YOU KNOW, THAT'S HOW WE SEE FIFTH AND HOPEFULLY THEN WE GET A HEARING SOON AFTER THAT.

YEAH.

AND IF I UNDERSTAND THE DIRECTION FROM COUNSEL, YOU KNOW, WHAT IT WOULD BE PHRASED AS IS, UM, REQUESTING THAT THE OBJECTION BE MADE AND THE REQUEST FOR A HEARING.

SO YOU'LL BE VOTING YES TO DO THAT, NOT VOTING AGAINST HIM.

OKAY.

SO THAT SHOULD, SO THAT'S HOW IT'D BE PHRASED.

YEAH.

SO I GUESS I'LL ASK, IS THERE A MAJORITY OBJECTION OF THIS COUNSEL TO HAVE LEGISLATION DRAFTED? THAT WOULD BE IT.

IT'D JUST BE A MOTION.

A A MOTION.

OKAY.

SO WE DON'T NEED ANYTHING OTHER THAN JUST A MOTION TO BE VOTING IN THE AFFIRMATIVE FOR A HEARING.

IS THAT RIGHT? CORRECT.

TONY, HOW'D YOU COME UP WITH THE 13TH? DEF FILING WAS ON DECEMBER 9TH.

YEAH.

IT, ON THE LIQUOR PERMIT APPLICATION THAT COMES IN, IT HAS A DATE THAT IT'S MAILED AND IT SAYS RESPONSES MUST BE POSTMARKED NO LATER THEN MM-HMM.

, UM, TO REQUEST, UH, UH, HEARING.

AND, UH, THAT DATE IS INDICATED AS JANUARY 13TH, 2023.

OKAY.

IT WAS MAILED ON DECEMBER 13TH, 2022.

THANK YOU.

ED, DID YOU HAVE A COMMENT QUESTION? UH, YES.

WE'RE TALKING SPECIFICALLY THE DOUBLE DEUCE AND A D FIVE, RIGHT? YEAH, IT'S, UH, I BELIEVE IT'S A SHELL GAS STATION.

SHELL GAS STATION.

NOW, THERE'RE ON BRENT PIKE, THAT'S THE KEY AND IT'S A D FIVE D SIX, I THINK THE WHOLE ISSUE IS THAT'S A GAS STATION SERVING SHOTS AGAIN.

YES.

I JUST WANTED TO VERIFY, UM, YOU CAN COUNT ON MY SUPPORT FOR DENYING THIS IN REQUESTING A HEARING THAT WAY.

SO IF WE NEED FIVE FOR AFFIRMATIVE, I THINK THAT'S OKAY.

THANKS, ED.

I THINK, I THINK WE'RE PRETTY CLEAR WHERE COUN, WHERE COUNSEL'S HEADED, SO, OKAY, THANK YOU.

UH, BEFORE WE MOVE ON, ANYTHING ELSE REGARDING THAT ISSUE? OKAY, THANK YOU.

SO

[ Board And Commission Appointments * Military And Veterans Commission - Appointments]

NEXT UP IS ITEM THREE L, WHICH IS BOARD AND COMMISSION APPOINTMENTS, TONY.

OKAY.

UH, WE HAVE SEVERAL, UH, THIS EVENING FOR THE MILITARY AND VETERANS COMMISSION, THE CULTURAL AND DIVERSITY CITIZEN ACTION COMMISSION, AND THE PARKS AND RECREATION BOARD.

SO I'LL JUST SPEAK TO ALL OF THOSE IN, UH, GENERAL.

UH, WE DID MEET WITH ALL OF THESE, UM, APPLICANTS, UH, WITH THE CITY'S INTERVIEW PANEL LAST WEEK.

UH, MRS. BERGS WAS A PART OF THAT, SO IF YOU HAVE ANYTHING YOU'D LIKE TO ADD, UH, PLEASE FEEL FREE TO DO SO.

UM, SO FIRST OFF, UM, WE'D RECOMMEND THE APPOINTMENT OF CHARLES HANCOCK, UH, TO THE MILITARY AND VETERANS COMMISSION TO ATTENDING DECEMBER 31ST, 2023, AND ALSO THE APPOINTMENT OF LARRY JOHNSON TO, TO THE MILITARY AND VETERANS COMMISSION FOR A TERM ENDING DECEMBER 31ST, 2025.

UH, BACKGROUND CHECKS WERE COMPLETE ON BOTH OF THESE INDIVIDUALS.

AND,

[01:20:01]

UM, SO THE RECOMMENDATION WOULD BE TO TAKE ACTION ON THOSE TWO APPOINTMENTS TO THAT COMMISSION THAT EVENING.

UH, THE NEXT ONE IS, UM, AN APPOINTMENT TO THE CULTURE AND DIVERSITY CITIZEN ACTION COMMISSION OF CHRISTIE TROTTER, UH, FOR A TERM ENDING DECEMBER 31ST, 2025.

AGAIN, A BACKGROUND CHECK WAS COMPLETED BY HUMAN RESOURCES ON MS. TROTTER.

AND LASTLY, WE'D HAVE A RECOMMENDATION FOR AN APPOINTMENT OF JUSTICE BONK TO THE PARKS AND RECREATION BOARD FOR A TERMINATING MARCH 31ST, 2026.

AND LIKEWISE, A BACKGROUND CHECK WAS, UH, COMPLETED ON THIS GENTLEMAN.

SO, UH, IT WOULD BE THREE SEPARATE MOTIONS, UH, FOR COUNSEL ACTION ON MONDAY, ALL NEW APPOINTMENTS TO THESE BOARDS AND COMMISSIONS.

OKAY.

SO, UM, ANY, UH, ANY QUESTIONS REGARDING, UH, THOSE FOUR CITIZENS? UM, NO, I JUST WANNA SAY THAT, UM, ATTENDING THOSE INTERVIEWS, WE HAD REALLY STELLAR, UH, APPLICANTS AND I THINK THEY, THEY ALL UNDERSTAND THE LEVEL OF, UH, PARTICIPATION THAT WE NEED ON THESE COMMITTEES.

THEY BRING GREAT EXPERIENCE TO THE COMMITTEES, AND I THINK THEY'RE GONNA BE A WONDERFUL ADDITION.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS, COMMENTS, CONCERNS, UH, REGARDING, UH, THESE, UH, FOUR CITIZENS THAT TONY MENTIONED? OKAY.

ANY OBJECTIONS TO MOVING THOSE ON, UH, ALL THOSE POSITIONS ONTO MONDAY'S MEETING? OKAY.

MOVE THOSE FORWARD.

NEXT UP

[ 2023 Rules Of Council]

IS ITEM THREE M 2023 RULES OF COUNSEL.

OKAY.

UH, THIS IS OUR ANNUAL PROCESS TO LOOK AT AND REVIEW, UH, COUNSEL'S RULES, UH, FOR 2023 AND TO MAKE, UM, TAKE ACTION OR MAKE RECOMMENDATIONS FOR ANY CHANGES, UH, THAT WOULD BE WARRANTED.

UM, I HAVE NONE TO PROPOSE, UH, FROM THE 2022 RULES OF COUNCIL.

UH, THERE WAS A DISCUSSION LAST YEAR, UM, AMONGST COUNCIL ABOUT THE POSSIBILITY OF ENTERTAINING A SUMMER SCHEDULE FOR MEETINGS OF COUNCIL.

UH, WE AGREED THAT THAT WOULD BE DISCUSSED AT THE TIME THE RULES OF COUNCIL CAME UP.

SO I WOULD LAY THAT ON THE TABLE.

AND, UH, ALSO IF ANYONE HAD ANY PROPOSED CHANGES, UH, WE COULD TAKE THOSE INTO CONSIDERATION AS WELL.

OKAY.

THANKS, TONY.

UH, ANY QUESTIONS? YEAH, NANCY? UM, YES, TONY, UH, SINCE WE'VE HAD A COUPLE SPECIAL, UH, COUNCIL MEETINGS, WHEN I REVIEWED THIS DOCUMENT, WE REALLY DIDN'T DISCUSS, UM, UH, IT DOESN'T REALLY DISCUSS, UM, HOW THE NOTIFICATION SYSTEM IS DIFFERENT, THAT THEY DON'T HAVE TO GO THROUGH THE, THE THREE DAY PUBLICATION, UH, THE NORMAL PUBLICATION PROCESS, UH, LIKE THE, UH, REGULAR MEETINGS DO.

UM, AND THAT, YOU KNOW, THEY CAN BE HELD PRETTY QUICKLY AND ANY, UH, MEETING, UH, JUST REQUIRES UNDER THE OPEN MEETINGS ACT AT LEAST 24 HOURS ADVANCED NOTICE OF THE MEETING.

WHE WHETHER IT'S A REGULAR MEETING OR A SPECIAL MEETING.

UM, THE DIFFERENCE WITH A SPECIAL MEETING IS THAT IT FALLS OUTSIDE THE REGULAR MEETING SCHEDULE THAT'S BEEN ESTABLISHED BY COUNCIL ON AN ANNUAL BASIS.

SO RIGHT NOW, COUN COUNCIL'S, CITY COUNCIL MEETINGS, UM, ARE IDENTIFIED ON THE SCHEDULE AND IN THE RULES OF COUNCIL IS TAKING PLACE ON THE SECOND AND FOURTH MONDAYS OF EACH MONTH.

UM, AND SO WHERE WE HAVE, UH, THE NEED FOR A SPECIAL MEETING IS WHEN THERE'S GOING TO BE A COUNCIL MEETING THAT'S GOING TO TAKE PLACE OTHER THAN ON THE SECOND OR FOURTH MONDAY OF EACH MONTH.

RIGHT, RIGHT.

SO, OTHER THAN THAT, THE, THE NOTIFICATION, UH, REQUIREMENTS ARE NOT A DIFFERENT, THE ONLY OTHER DIFFERENCE WITH THE SPECIAL MEETING VERSUS A REGULAR MEETING IS YOU'RE NOT ABLE TO AMEND THE AGENDA, UH, FOR A SPECIAL MEETING, UM, THAT YOU, YOU NEED TO, UH, STICK WITH THE AGENDAS PRESENTED.

WELL, THAT DOESN'T REALLY SAY THAT IN THERE.

YEAH.

I MEAN, THAT, THAT'S PART OF THE, UH, UH, OPEN MEETINGS ACT IN EVERYBODY'S CODE.

I UNDERSTAND.

BUT, YOU KNOW, THERE WAS COMMENTS ON SOCIAL MEDIA ABOUT WHETHER WE WE'RE FOLLOWING THE RULES OF COUNSEL, UM, BY HAVING THAT SPECIAL MEETING AND NOT SENDING OUT ALL THE NOTIFICATIONS AND THAT KIND OF STUFF.

AND I THOUGHT, OKAY, SO THERE'S SOME AMBIGUITY THERE, EVEN THOUGH IT'S IN THE PUBLIC OPEN OPEN MEETINGS ACT, YOU KNOW? YEAH.

WE, MEETING COUNSEL CAN SCHEDULE, UH, A SPECIAL MEETING AT ANY TIME THEY CHOOSE.

IN THE PARTICULAR CASE THAT WE'RE, YOU'RE REFERRING TO, UH, COUNSEL DID ACT APPROPRIATELY, OH, I DON'T, APPROPRIATE NOTIFICATION WAS MADE, UM, TO ALL PARTIES AS REQUIRED, UM, TO SCHEDULE A SPECIAL MEETING.

IT CAN EITHER BE CALLED BY THE MAYOR ON HIS AUTHORITY, UM, OR FIVE MEMBERS OF COUNSEL, UH, JOIN TOGETHER IN REQUESTING A SPECIAL MEETING.

YEAH, ABSOLUTELY.

OKAY.

I JUST THOUGHT I'D BRING IT UP FOR CLARIFICATION.

YEAH, I, I COULD LOOK AT SOME WORDSMITHING OF THAT.

YEAH.

YOU KNOW, BUT TO, TO PATTERN EVERYTHING

[01:25:01]

THAT'S IN THE OHIO REVISED CODE, THAT'S NOT REALLY THE INTENT OF THE RULES OF COUNSEL.

NO.

UM, AND IT, IT, THAT'S WHERE THE, THE, UH, THE RULES AND THE GUIDANCE FOLLOWS IN THIS PARTICULAR SITUATION.

AND, AND ON THE OTHER SUBJECT THAT YOU BROUGHT UP ABOUT, UH, TAKING THE SUMMER OFF, WE'RE BEING PAID TO BE HERE 12 MONTHS OUT OF THE YEAR.

AND I, I AM AHE POSED TO TAKING THE SUMMER OFF.

I THINK THAT WE'RE BEING PAID TO DO, UM, OUR CITIZENS WORK.

AND, UM, AND IF PEOPLE AREN'T AVAILABLE TO DO THAT, THEN, THEN THEY, YOU KNOW, NEED TO FIND OTHER THINGS TO DO.

YEAH.

I'LL JUST MAKE CLEAR, I, I DON'T THINK THE PROPOSAL WAS FOR THE SUMMER OFF, IT WAS TO HAVE JUST ONE SERIES OF MEETINGS EACH MONTH, UM, AND JUNE, JULY, AUGUST OR, YEAH, JULY, AUGUST, SEPTEMBER OR SOMETHING, SOMETHING LIKE THAT.

AND THE CITY CHARTER REQUIRES THAT COUNCIL MEET AT LEAST ONCE MONTHLY.

THAT'S THE MINIMUM REQUIREMENT OF THE CHARTER.

SO AS LONG AS COUNCIL MEETS THAT REQUIREMENT, BY HAVING ONE COUNCIL MEETING A MONTH, IT WOULD BE APPROPRIATE.

NOW, THE OPTICS OF THAT ARE, YOU KNOW, ACCURATE YOU CHOOSE TO MAKE.

YES, ABSOLUTELY, RICHARD.

THANK YOU, MARY.

UM, YEAH, I, AS PREVIOUSLY DISCUSSED, UH, THIS, UM, THIS SUGGESTION HAS BEEN BROUGHT UP PREVIOUSLY ON A, UH, JUNE, JULY, AUGUST SUMMER MEETING SCHEDULE.

UM, I BELIEVE IT WAS DISCUSSED THAT, UH, IT WOULD BE THE, UM, END OF THE MONTH, THE, THE FOURTH MEETING OF THE MONTH, UH, FOURTH WEEK OF THE MONTH.

UM, I KNOW THE CLERKS DONE SOME RESEARCH.

I KNOW, UM, A LOT OF COMMUNITIES, UH, IN THE AREA, UM, UH, I HAVE ADOPTED, UM, AS OF RECENT, AND SOME OF 'EM HAVE FOR QUITE SOME TIME A SUMMER MEETING SCHEDULE, UM, SPEAKING WITH OTHER COMMUNITIES THAT ACTUALLY PROVIDES A BENEFIT TO, UH, A LOT OF THE EMPLOYEES AS WELL, AND THE STAFF, BECAUSE THEY CAN, UH, WORK AROUND THAT SCHEDULE SOME HOLIDAYS AND VACATIONS FOR THEIR FAMILIES AS THEY CAN PREPARE, UH, FOR THOSE.

IT ALSO, UH, ENABLES, UH, COUNCIL TO DO THAT SAME.

UM, AND, UM, I KNOW IT WAS, UH, REQUESTED THAT THE CITY MANAGER, UH, MAYBE, UH, TAKE A REVIEW, UH, OF HIS STAFF AND, UH, SEE IF THERE WAS ANY CONCERNS FROM A STAFFING LEVEL OF, UH, HAVING, UH, ONE MEETING IN JUNE, JULY, AND AUGUST, UM, BEING THAT, UH, FOURTH, UH, FOURTH WEEK, UM, SITUATION.

UM, BUT OUTSIDE OF THAT, I'D LIKE TO RE RENEW THAT REQUEST AS WELL.

SO I THINK PROBABLY THE BEST WAY TO, BEST WAY TO HANDLE THIS WOULD BE, UM, YOU KNOW, AND CERTAINLY WE, WE CONSULT, DISCUSS THIS OPENLY HERE AS PART OF THE WORK SESSION, BUT I THINK THE SMOOTHEST WAY TO GO WOULD BE TO HAVE TONY DRAFT SOME TYPE OF AMENDMENT FOR THE RULES OF COUNSEL, AND THEN JUST BRING IT TO A VOTE ON MONDAY AND SEE WHERE, SEE WHERE THE SHIP'S FELL.

SO I THINK THAT WOULD BE THE WAY TO, TO HANDLE THIS VERSUS THEN ALL THE, I THINK SO, I DON'T THINK SO.

GOOD IDEA, BAD IDEA.

I MEAN, JUST, YOU KNOW, SPEAK WITH YOUR VOTE.

RIGHT? SO CERTAINLY WE CAN DISCUSS THIS AS LONG AS ANYBODY WANTS TO, BUT I THINK THAT'S HOW WE WOULD MOVE FORWARD UP TONY DRAFT SOMETHING THAT WILL BE READY FOR MONDAY IF THERE'S NO OBJECTIONS TO THAT, AND THEN WE JUST CALL, VOTE AND SEE WHERE IT GOES.

MAYOR, MAY I ASK IF, UH, IF BRIAN IS, UH, UM, ABLE AT THIS TIME TO MAKE ANY TYPE OF, UH, SUGGESTION, UH, AS FAR AS STAFF, IF, UH, THERE WOULD BE ANY ISSUE WITH A SUMMER WORK SCHEDULE? SURE, YEAH.

UM, FROM THE STAFF PERSPECTIVE, I MEAN, OUR TIME IS YOUR TIME.

SO WHETHER OR NOT IT'S MAYBE ONE LONGER MEETING OR TWO LONGER MEETINGS, I GUESS A MONTH, AS OPPOSED TO FOUR SHORTER MEETINGS, THE, THE TIME NECESSARY TO DO THE CITY'S BUSINESS IS THE TIME NECESSARY TO DO THE CITY'S BUSINESS.

THERE MIGHT BE A FEW CONFLICTS, UH, MAKING THAT CHANGE NOW, UH, WITH PEOPLE WHO HAVE ALREADY PLANNED THEIR VACATION.

THAT MIGHT BE THE ONLY HICCUP WITH THE FIRST YEAR.

UH, BUT BEYOND THAT, UH, IF COUNCIL MOVED TO A SUMMER SCHEDULE, WHICH WAS ONE MEETING A MONTH, UH, THEN, UH, IT WOULD BE EASIER FOR STAFF TO BE ABLE TO PLAN AROUND THAT.

BUT, UH, THAT, THAT IS THE ONLY HICCUP THAT WE COULD CONSIDER, UH, BY COUNCIL IMPLEMENTING THAT SCHEDULE NOW.

AND I BELIEVE THE HICCUP, UH, TONY, CORRECT ME IF I'M WRONG, WOULD BE, UM, RESOLVED VERY EASILY BECAUSE WE'VE ALREADY SENT OUT THE, UM, FULL ANNUAL CALENDAR.

ALL WE WOULD BE DOING IS GOING INTO JUNE, JULY, AND AUGUST AND TAKING OUT THAT FIRST SET OF MEETINGS IN EACH MONTH.

THE SECOND, UM, SET OF MEETINGS FOR EACH MONTH WOULD STILL REMAINING, I THINK IT WAS THE OTHER WAY AROUND.

OH, THE OTHER WAY AROUND.

OKAY.

I'M SORRY.

YEAH.

YEAH.

UM, I THINK THE ONLY THING THAT I WAS, WAS, I THINK IT'S IMPORTANT IS THAT BEFORE COUNCIL MAKES A DECISION ON REMOVING THOSE THREE MEETINGS, EVERYONE NEEDS TO AT LEAST BE AWARE AND UNDERSTAND THAT IT WOULD BE ASKED THAT YOU HAVE FLEXIBILITY TO PUT THAT MEETING BACK ON THE AGENDA DURING ONE OF THOSE WEEKS IF THERE IS SOME MATTER THAT COMES UP THAT WE NEED TO DEAL WITH.

SO I THINK THE, THE FLEXIBILITY AROUND THAT I THINK IS VERY IMPORTANT.

BEFORE WE JUST, YOU KNOW, WE WIPE THREE MEETINGS OFF THE, OFF THE CALENDAR.

KATE.

THANK YOU, MAYOR.

UM, I WENT BACK AND LOOKED AT LAST SUMMER'S AGENDAS, AND I HEARD FROM THE BIG THREE ABOUT THEIR BUDGET CONCERNS AND THEIR PRESENTATIONS.

[01:30:01]

UM, I'M NOT IN FAVOR OF SHORTENING OUR MEETINGS.

OUR EMPLOYEES COME TO WORK.

THE, MY RESIDENTS AND COLLEAGUES ON MY STREET GO TO WORK.

I AM WOULD LOVE TO COME TO WORK FOR THE CITY.

SO I'M IN FAVOR OF KEEPING THE ME MEETING SCHEDULES TONY ROGERS HAS INITIALLY SET OUT.

THANK YOU.

MAYOR.

ANY OTHER QUESTIONS? CO? YES.

NO, THANK YOU, MAYOR.

UM, MY TAKE ON THIS MIGHT BE A LITTLE BIT DIFFERENT, UH, BECAUSE I DO, UH, SEE THE POINT THAT RICHARD IS MAKING HERE THE SUMMER.

UH, WE DO TEND TO GET A LITTLE SLOWER AND, UH, PERHAPS COULD ARRANGE OUR SCHEDULES, UH, TO MAKE MORE EFFICIENT USE OF OUR TIME.

BUT I DO BACK UP AND REALIZE THAT WE HAVE AN INTERIM CITY MANAGER AND SEVERAL KEY POSITIONS THAT ARE UNFILLED RIGHT NOW.

I'M WONDERING IF THE BEST TACT AT THIS POINT, UM, AND RICHARD, I HATE TO SAY KICK THE CAN DOWN THE ROAD, , BUT I'M WONDERING IF THE BEST TACT AT THIS POINT WOULD JUST BE TO NOT CHANGE THE RULES OF COUNCIL FOR THIS YEAR, ALLOW US TO, UH, MOVE THROUGH THE PROCESS OF HIRING A CITY MANAGER, UH, GETTING, UH, THOSE NEW STAFF POSITIONS ACCLIMATED AND THEN REVISIT THIS, UM, IN THE, UH, COMING YEAR.

THAT'S JUST MY SUGGESTION.

OKAY.

SO WHAT I, I'M GONNA ASK THE STANDARD QUESTION, UH, THAT I ALWAYS DO.

SO THERE'S EIGHT OF YOU.

IT WOULD TAKE FIVE OF YOU TO OBJECT TO NOT MOVE THIS FORWARD.

SINCE WE HAVE A REQUEST FROM RICHARD.

UH, IF THERE'S NOT A MAJORITY OBJECTION TO MOVE IT FORWARD, THEN WE'LL JUST HAVE, UH, A RULES OF COUNSEL AMENDMENT AT MONDAY'S MEETING, AND THEN WE'LL CALL THE VOTE, SEE WHERE IT GOES.

IS THERE FIVE OF YOU THAT OBJECT TO, TO HAVING TONY WITH, UH, DRAW UP AMENDMENTS TO THE RULES OF COUNSEL AND MOVING THAT ON TO MONDAY'S MEETING? SO, DON OBJECTS, I WILL VOICE MY STATEMENT AS AN OBJECTION.

OKAY.

NANCY OBJECTS.

KATE, YOU OBJECTED.

THAT'S THREE.

IS THERE TWO MORE OF YOU OR WE'RE GONNA MOVE IT TO A MEETING, MAYOR? YES.

UM, NOT AN OBJECTION.

I JUST WANT TO CLARIFY.

THIS IS JUST FOR THAT PARTICULAR PART OF RULES OF COUNSEL, CORRECT? YES.

JUNE, JULY, AND AUGUST ONE MEETING A MONTH.

ALRIGHT.

NO OBJECTION.

OKAY, SO THREE OBJECTIONS IS NOT FIVE.

WE WILL MOVE IT ON TO MONDAY'S MEETING, AND THEN WE WILL CALL VOTE, SEE OUR GUEST.

HONOR? YES.

OH, ANY, I DIDN'T HEAR YOU.

I HAVE ANOTHER ISSUE WITH THE RULES OF COUNSEL.

UM, SOME OF MY CITIZENS ARE UPSET THAT THEY CAN'T COME TO WORK SESSIONS AND VOICE THEIR CONCERNS BECAUSE HOW WE'RE DOING IT NOW IS THEY'VE VOICED THEIR CONCERNS AT A COUNCIL MEETING.

AND THEN IF WE, YOU KNOW, WE'VE TALKED ABOUT IT AT WORK SESSION, AND IT'S LIKE, OKAY, THEY HAVE A GOOD POINT.

WE'RE NOT REALLY WANTING TO TALK ABOUT THINGS BECAUSE WE'RE SUPPOSED TO TALK ABOUT THINGS AT A WORK SESSION.

SO I'M THINKING THAT WE SHOULD LET CITIZENS TALK AT A WORK SESSION, AT LEAST BRING UP POINTS.

ESPECIALLY MY WARD HAD QUESTIONS BECAUSE WE'RE HAVING THE WATER STUDY.

PEOPLE COME TO A WORK SESSION AND THEY HAVE QUESTIONS AND, BUT THEY'RE NOT GONNA BE ABLE TO ASK THE QUESTIONS.

SO THAT'S WHERE MY ISSUE LIES.

SO ON THE, ON THE ISSUE OF WATER, I SPOKE TO BRIAN.

I THINK THAT WE WILL HAVE, UH, WHEN IT COMES TIME, MY RECOMMENDATION WAS, UH, RATHER THAN PUTTING, UH, THE WATER ISSUE INTO AN AGENDA THAT HAS, WHO KNOWS HOW MANY OF THE THINGS ARE GONNA BE ON THAT AGENDA.

UH, I WOULD PREFER A SEPARATE MEETING WHERE WE HAVE THE WATER, UH, CONSULTANT COME IN AND, AND HAVE A WHOLE MEETING SPECIFIC TO JUST WATER WHERE RESIDENTS WOULD BE ABLE TO ASK QUESTIONS.

BUT A MEETING OUTSIDE OF, UH, A WORK SESSION AGENDA WHERE WE HAVE, AGAIN, WHO KNOWS, YOU KNOW, HOW MANY OTHER ITEMS ON IT.

SO IF WATER IS, IS IMPORTANT, WHICH IT IS, THEN LET'S GIVE IT THE IMPORTANCE.

MY RECOMMENDATION OF BRIAN WAS LET'S GIVE THE IMPORTANCE IT DESERVES AND HAVE A SEPARATE MEETING AROUND THAT, WHERE THE CONSULTANT'S HERE.

AND THAT IS THE ONLY THING ON THAT PARTICULAR, UH, AGENDA FOR THAT MEETING.

SO THAT, THAT WAS MY RECOMMENDATION TO BRIAN, UM, WHEN YOU HAD SENT AN EMAIL ABOUT THAT.

SO BRIAN, IS THERE, I MEAN, I THINK YOU, YOU WOULD AGREE THAT THAT WAS PROBABLY THE, THE BEST WAY TO HANDLE THAT SITUATION.

SO, UM, YES, SIR.

AND TO THAT SPECIFIC MATTER, TO, TO THE GENERAL CONCERN, UM, THE ISSUE, UM, MY ONLY PERSPECTIVE THAT I COULD OFFER AS A STAFF PERSON IS THERE'S A DIFFERENCE BETWEEN RECEIVING COMMENT AND INPUT AND THEN HAVING A DIALOGUE.

AND IF COUNCIL IS EVER GOING TO ENTERTAIN, UM, A SITUATION IN WHICH THERE WOULD BE A DIALOGUE WITH CITIZENS, WE AS STAFF CAN ONLY BE PREPARED.

AND WE AS STAFF CAN ONLY PREPARE YOU BASED ON THE INFORMATION THAT WE KNOW IN ADVANCE.

AND THAT WOULD BE THE RUNNING CONCERN THAT I WOULD HAVE, UM, IS, UH, EFFECTIVELY A CITIZEN'S VERSION OF, I GOT YOU.

SO A CITIZEN SPENDS ALL DAY PREPARING OR ALL WEEK PREPARING, AND THEN THERE'S A LITANY OF, WELL, WHAT ABOUT THIS AND WHAT ABOUT THAT AND WHAT ABOUT THIS? AND THAT'S INCREDIBLY DIFFICULT FOR STAFF TO COME

[01:35:01]

PREPARED TO BE ABLE TO HAVE AN EFFECTIVE DIALOGUE FOR ALL PARTICIPANTS UNDER THOSE SITUATIONS.

SO, UM, NOT TO SAY THAT CITIZEN COMMENTS ONE WAY OR THE OTHER IS GOOD OR BAD, BUT JUST TO SIMPLY SAY THAT IF THERE IS GOING TO BE A DIALOGUE, UM, COUNSELOR SHOULD BE CONSCIENTIOUS OF WHAT THEY WANT THAT DIALOGUE TO LOOK LIKE AND, AND WHAT THE PARAMETERS OF THAT WOULD, WOULD NEED TO BE.

SO THAT, THOSE WOULD BE MY ONLY COMMENTS.

OKAY.

QUESTION, JUST SUGGESTION, PUTTING THIS OUT FOR, TO SEE IF IT WORKS, COULD WE UPDATE THE WEBSITE TO PUT REPORTER CONCERN AND IF THEY HEARD SOMETHING ON THE WORK SESSION OR SEEN SOMETHING, THEY COULD, LIKE I DO A REPORT, A CONCERN, THE HYDRANT'S BROKEN, COULD WE EVEN PUT THAT REPORT TO COUNSEL, QUESTION COUNSEL ON THE WEBSITE, AND THAT WOULD GO TO WHOEVER'S WARD IT IS AND CITY MANAGER AND HE CAN DIRECT IT OUT TO, IT NEEDS TO GO TO THIS STAFF MEMBER TO WORK ON IT.

WOULD THAT BE POSSIBLE? AND THAT WAY IT IS GETTING ADJUST, UH, QUESTIONED STAFF WOULD HAVE TIME FOR PREPARE, WE WOULD KNOW.

WHAT ARE YOUR GUYS' THOUGHTS? SO I THINK, YOU KNOW, LOOK, I, AND, AND I UNDERSTAND BRIAN'S, UH, BRIAN'S CONCERN.

I THINK THE, THE, THE, THE BIG ISSUE, UM, IS THAT WITH, AGAIN, WITH ALL THE DIFFERENT ITEMS, I MEAN, THERE'S A, THERE, THERE'S A REASON THAT WE HAVE SIX WARD REPS AND TWO AT LARGE REPS.

YES.

AND I MEAN, THOSE CONCERNS SHOULD AND COULD WORK THEIR WAY THROUGH EACH ONE OF YOU UP HERE.

AND THEN YOU ARE HERE REPRESENTING THE VOICE OF THE RESIDENTS WHO'VE CONTACTED YOU TO HAVE THE DISCUSSION AT THE WORK SESSION.

THERE HAS BEEN, UH, TIMES, DEPENDING ON SPECIFIC TOPICS AND WHAT WE'VE DEALT WITH YOU JUROR, UH, ACUTE, BIGGER ISSUES.

SO, YOU KNOW, UH, I HAVE OFFERED DISCRETION WITH THAT.

AND WE HAVE HEARD, UH, SOME CITIZEN COMMENTS DURING THE WORK SESSION, DEPENDING ON WHAT THE SPECIFIC, UH, WHAT THE SPECIFIC ITEM WAS.

ANYTIME THAT WE HAVE, UM, ITEMS DEALING WITH ZONING REQUESTS AND A LOT OF THOSE MAJOR ISSUES, WE HAVE PUBLIC HEARINGS THAT HAVE TO BE NOTIFIED, UM, THAT, YOU KNOW, GO OUT IN THE DIFFERENT PAPERS TO ALLOW PEOPLE TO KNOW THERE IS A PUBLIC HEARING DURING THE PROCESS OF THE PUBLIC HEARING.

EVERYONE IS GIVEN, UH, MULTIPLE TIMES DURING THAT PUBLIC HEARING TO, TO COME TO THE PODIUM AND SPEAK.

UM, BUT I THINK WE'VE HAD, WE'VE HAD ENOUGH DISCUSSION EVEN AT SOME WORK SESSIONS, UM, AROUND SOME SPECIFIC TOPICS WHERE THERE HAVE BEEN PEOPLE IN THE AUDIENCE, MR. SCHAFFER, AS, AS ONE THAT COUNSEL THEN HAS ASKED FOR DIALOGUE WITH A SPECIFIC PERSON WHO'S BEEN IN THE, UH, IN THE AUDIENCE.

AND WE'VE GIVEN THAT DISCRETION TO, TO HAVE THAT DIALOGUE.

BUT I THINK THERE'S, BUT THE, THE, THE IDEA OF THE WORK SESSION, SO WE'VE ALREADY OPENED THIS UP TO THE PUBLIC BECAUSE THESE USED TO BE, UM, ADMINISTRATIVE MEETINGS, PUBLIC WORK MEETINGS, AND ALL THESE, THOSE FIVE OR SIX DIFFERENT MEETINGS A WEEK TO, TO, TO BUILD THE AGENDA FOR AN ACTUAL COUNCIL MEETING.

AND THEN SIX, SEVEN YEARS AGO THAT CHANGED, AND NOW WE HAVE THE WORK SESSIONS SO WE CAN HAVE THE DISCUSSIONS ABOUT THIS OUT IN PUBLIC, WHICH WAS A CHANGE FOR THE BETTER.

SO WE HAVE THOSE OPPORTUNITIES AND I THINK THERE'S DISCRETION THAT'S STILL THERE.

BUT, UM, LOOK, I WOULD JUST ENCOURAGE EVERYBODY, ANY ISSUE THAT YOU HAVE, PLEASE BRING IT TO YOUR COUNCIL MEMBER AND THEN WE'LL HAVE THAT DISCUSSION VEHEMENTLY FROM THE OC OF THE WORK SESSION.

AND THEN WHEN IT COMES TIME FOR, UH, FOR THE PUBLIC MEETING, FOR THE, FOR THE OTHER PUBLIC MEETING, FOR THE ACTUAL COUNCIL MEETING, YOU KNOW, WE'VE HAD PEOPLE LINE UP THAT WE, WE'VE SAT HERE AND LISTENED TO AN HOUR, AN HOUR AND A HALF FOR THE COMMENTARY IN THE PAST.

UM, AND WE, AND WE'LL CONTINUE TO DO THAT.

I KNOW THE WATER ISSUE IS A, IS A BIG ISSUE, AND THAT'S THE REASON THAT YOU'RE BRINGING THIS UP, ANITA.

AND I THINK THAT WE CAN HAVE A SEPARATE MEETING AND MY RECOMMENDATION WILL BE A SEPARATE MEETING WHEN THOSE CONSULTANTS CAN BE HERE OUTSIDE OF A WORK SESSION WHERE IT'S VERY SPECIFIC TO THE CONSULTANTS AND, AND THE SPECIFIC WATER ISSUE THAT THAT'S AT HAND.

UM, THESE ARE YOUR RULES.

WE'LL LET YOU FIGURE THAT OUT.

YES, GLENN.

THANK YOU, MAYOR.

UM, I WANNA SIDE WITH MS. KITCHEN ON THIS ONE FROM THE STANDPOINT THAT, UH, YOU KNOW, WE, WE DID, AS YOU SAID, WE BROUGHT THE, ALL ALL THE DISCUSSIONS FROM THE COMMITTEE MEETINGS BACK HERE, AND WE BROUGHT THIS OUT FRONT AND WE FORMALIZED IT.

BUT I WOULD SAY, UM, AND, AND I KNOW MR. CAMPBELL, YOU'RE INVOLVED, YOU WERE IN A LOT OF THOSE MEETINGS AND, AND I REMEMBER GOING TO A BUNCH OF THOSE.

THERE WAS AL ALWAYS LIVELY DISCUSSION FROM AROUND THE ROOM.

UM, IT WASN'T JUST COUNCIL MEMBERS BETWEEN EACH OTHER.

IT WAS THE ENTIRE ROOM WOULD HAVE DISCUSSION.

AND I THINK THAT WE'VE RUN INTO SOME ISSUES IN THE PAST FROM THE STANDPOINT OF COMING TO OUR COUNCIL MEETING AND THEN SOMEONE BRINGS SOMETHING UP AS A

[01:40:01]

RESIDENT OR QUESTIONS SOMETHING, AND THEN MAYBE SOME MEMBERS OF THE COUNCILS GO, HMM, YOU KNOW WHAT? I DIDN'T TAKE THAT INTO CONSIDERATION.

MAYBE I DIDN'T THINK ABOUT THAT BEFORE.

UM, I THINK HAVING SOME OF THOSE DISCUSSIONS OR THE ABILITY TO DO THAT, AND IT TYPICALLY ONLY HAPPENS ON BIG TICKET ITEMS. LIKE, LIKE YOU SAID, MAYOR, UH, WE DON'T SEE IT OFTEN.

TO ME, WE HAVE A PACKED HOUSE TONIGHT.

UM, UH, I THINK IT ALLOWS TO THAT DISCUSSION TO BE BROUGHT IN AND, AND THEN CHEWED UP AND DIGESTED PRIOR TO THE BUSINESS MEETING, UM, WHERE THOSE THINGS CAN BE FLESHED OUT A LITTLE BIT.

UM, I THINK IT JUST IS, IS MORE LEANING MORE TO THE DIRECTION OF, UH, AGAIN, ALLOWING, I'D RATHER ALLOW MORE RESIDENT INPUT THAN NEEDED, THAN NOT ENOUGH.

UM, AND, AND, AND TYPICALLY, AGAIN, WE DON'T HAVE BIG CROWDS.

IT'S RARE THAT IT HAPPENS USUALLY ON BIG, BIG THINGS.

UM, I KNOW IT'S WITHIN YOUR DISCRETION ALREADY.

SO I GUESS IF THERE WEREN'T A CHANGE TO JU TO SPECIFICALLY ALLOW, I WOULD AT LEAST MAYOR ASK THAT YOU, UM, WOULD BE OPEN TO BE MORE LENIENT TOWARDS COMMENTS DURING, UM, WORK SESSIONS SO THAT PEOPLE MAYBE COULD HAVE SOME QUESTIONS OR COMMENTS IF NECESSARY.

AGAIN, MR. SCHAFFER'S BROUGHT SOME GREAT INFORMATION TO US, UH, AND IF NOT ABLE TO SPEAK DURING THESE, UH, WE MAY NOT HAVE GOTTEN THAT.

SO I WOULD LEAN TOWARDS MS. KITCHEN AND, AND I THINK IT WOULD BE GOOD TO HAVE THOSE COMMENTS AVAILABLE AT A WORK SESSION SO WE CAN CHEW AND DIGEST THOSE PRIOR TO MAKING OUR DECISIONS.

CAUSE I THINK WE'VE ALREADY HAD COMMENTS AT ONE RECENTLY, AND I WON'T GET INTO THE TOPIC, BUT THAT WELL, HOLD ON A SECOND.

WAIT A MINUTE.

WE WE'RE TALKING ABOUT THIS RIGHT NOW, AND WE'RE GETTING READY TO VOTE ON THIS, AND THIS IS THE WRONG TIME TO DO THIS.

WELL, IF WE'D HAD THE CONVERSATION PRIOR, THEN WE COULD HAVE HASHED THAT OUT AND WE WOULDN'T HAVE BEEN STUCK IN THAT SITUATION.

I THINK.

SO MY 2 CENTS FOR WHAT IT'S WORTH, THANK YOU.

THERE.

ANYTHING ELSE? SO WE'LL DO THIS THE SAME WAY.

THERE'S BEEN A REQUEST MADE.

UM, WE CAN HAVE TONY, UM, IF THERE'S NOT FIVE, UH, FIVE MEMBERS, OBJECT TO THAT, THEN WE CAN HAVE TONY, UH, DRAFT, UH, AN AMENDMENT TO THE RULES AND THEN WE CAN BRING IT UP FOR A VOTE ON MONDAY AMENDMENT TO THE RULES.

THE OPEN MEETING ACTS WELL, SO I THINK WHAT WOULD THEIR, IS THERE SOMETHING I, I MEAN FROM A RULES OF COUNCIL PERSPECTIVE, THE TALKS PUBLIC COMMENTARY, THAT'S TYPICALLY AT THE, AT THE COUNCIL MEETING.

SO WE NEED TO AMEND THAT TO THE COUNCIL.

IF THE MAJORITY COUNCIL WANTS TO ALLOW OPEN DIALOGUE WITH PODIUM AT THE WORK SESSION, OR JUST KEEP IT AT THE COUNCIL MEETING.

YEAH, I MEAN, RIGHT NOW IT, IT ONLY ALLOWS FOR CITIZEN COMMENTS AT THE MARRIAGE DISCRETION DURING THE WORK SESSIONS.

AND THEN THERE'S TWO FORUMS FOR CITIZEN COMMENTS AT THE CITY COUNCIL MEETINGS, UH, THAT ARE PERMISSIBLE NOW.

ONE IS GENERAL COMMENTS THAT ANYBODY WOULD LIKE TO MAKE, UM, ABOUT ANY SUBJECT MATTER.

AND THEN THERE'S, UH, RESIDENTS ABLE TO SPEAK ON AGENDA ITEMS. WELL, SOMETHING SPECIFIC, SPECIFIC ITEM TO THE AGENDA.

THERE'S ALSO THE PROCESS FOR THE PUBLIC HEARING THAT IS PART OF, UM, JUST OUR, OUR CODE IN SUCH AS YOU MENTIONED IN CASES OF ZONING AND MANZER PLAN IN CASES.

UM, THESE ARE, THERE'S A REQUIRED PUBLIC HEARING THAT TAKES PLACE AT THE COUNCIL MEETING THAT ANYONE CAN SPEAK IN ADDITION TO THOSE OTHER AREAS.

RIGHT.

AND AT THAT TIME TOO, BEFORE THOSE VOTES TAKEN, ANYBODY CAN ALWAYS MAKE A RECOMMENDATION.

I MEAN, I'VE SEEN THIS MANY TIMES, UH, MAKE A MOTION TO MOVE TO A SECOND, THIRD, FOURTH READING WHATEVER IT TAKES, IF THAT'S WHAT SOMEBODY WANTS TO DO TO GET FURTHER, AS YOU SAID, TO CHEW ON IT FURTHER.

SOMEONE, IF SOMEONE WANTS TO MAKE A MOTION TO MOVE TO ANOTHER READING, WE CERTAINLY HAVE THAT OPTION AS WELL.

SO MARK, ANITA? YES.

YOU, YOU'RE SPEAKING TO A SPECIFIC ITEM ON THE WORK SESSION AGENDA, NOT GENERAL COMMENTS? UM, NO, SOME GENERAL COMMENTS.

I MEAN, WE BOTH, I AGREE WITH GLENN.

WE HAD, YOU KNOW, AN ISSUE BACK A MONTH OR TWO AGO THAT CITIZEN MADE A COMMENT.

AND I'M LIKE, HMM, THAT'S SOME GOOD POINTS.

AND, YOU KNOW, IF WE WOULD'VE HAD INFORMATION PRIOR TO THAT MEETING, THINGS MIGHT HAVE FALLEN DIFFERENT DURING THE MEETING.

COULD WE HAVE MOVED IT ON TO ANOTHER READING? WAS IT, WAS IT SERIOUS ENOUGH TO REQUEST THAT IT BE MOVED TO ANOTHER READING? NO, IT WAS A TIME SENSITIVE ISSUE.

MAYOR.

YES.

WHAT WAS THE ISSUE? I DON'T RE I DON'T REMEMBER THE TO CHART.

IT'S THE CHART.

IT WAS WHAT? WORK CHART WORK CHART.

IS THERE ANOTHER ONE, OR IS THAT IT? THAT WAS THE MOST RECENT I CAN THINK OF.

BUT, BUT THAT, BUT THAT EMAIL WAS SENT ABOUT THE ORG CHART CHANGE LIKE TWO WEEKS IN ADVANCE, WASN'T IT? I MEAN, BRIAN, DIDN'T YOU SEND THAT EMAIL LIKE TWO WEEKS BEFORE WE EVEN GOT TO THE, UM, YEAH, I, I BELIEVE IN THAT PARTICULAR MATTER, YES, WE HAD COMMUNICATED IN FURTHER IN ADVANCE THAN WE NORMALLY DO THAN THE PACKET BECAUSE OF THE, THE NATURE OF THAT.

AND A FEW OTHER ITEMS THAT WERE BEING PROPOSED WITH RESPECT TO, I BELIEVE IT WAS COMMITTEES, UH, COMMITTEE SUPPORT STAFF, UH, COMMUNITY LIAISONS.

THERE WERE A COUPLE OF THINGS THAT WE WERE, WE WERE INCLUDING IN THAT EMAIL.

I WOULD

[01:45:01]

JUST SAY THAT, YOU KNOW, I THINK THE, THE CITY OF HUBER HEIGHTS IS VERY OPEN IN TERMS OF THE AMOUNT OF CITIZEN INPUT THAT IT DOES ALLOW.

THE OPEN MEETINGS ACT ACTUALLY ONLY REQUIRES THAT, UH, CITIZENS BE ALLOWED TO VIEW THE PROCEEDINGS.

UH, THERE'S NO FORMAL REQUIREMENT THAT CITIZEN COMMENTS BE MADE AT ANY LEVEL.

SO, UM, YOU KNOW, I THINK WE'RE FAR AHEAD OF THE MINIMAL REQUIREMENT.

SO, UM, I WOULD JUST TAKE THAT INTO CONSIDERATION AS WELL.

YES.

MARK, TONY, WHEN YOU REVIEWED THE OTHER CITY'S REGARDING RICHARD'S ISSUE, DID YOU HAPPEN TO REVIEW THEIR CITIZEN COMMENT POLICY? I DID NOT.

COULD YOU? I COULD.

OKAY.

I MEAN, ANECDOTALLY, I THINK WE'RE PRETTY CLOSE TO WHAT A LOT OF PEOPLE DO, WHICH IS TO ALLOW A THREE OR FIVE MINUTE PERIOD OF TIME TO SPEAK COUNCIL MEETINGS AS GENERALLY, UM, NOT A LOT OF, NOT A LOT OF CITIES HAVE THIS FULL WORK SESSION EVERY TIME BEFOREHAND, AND SOME EVEN DO THEIR WORK SESSIONS THE NIGHT THE SAME NIGHT AS THE COUNCIL MEETING.

SO YOU'RE HAVING THOSE BACK TO BACK.

NOT AS TOTAL.

THEY'RE SEPARATE MEETINGS, BUT THEY'RE NOT TOTALLY SEPARATED BY TIME.

OKAY.

SO I'LL GO BACK IN AND SAY THERE'S KIND OF A RECOMMENDATION.

I WOULDN'T TREAT THIS ANY DIFFERENT THAN WHAT RICHARD'S RECOMMENDATION WAS ABOUT THE SCHEDULE.

THERE'S A RECOMMENDATION THAT THERE'S, UH, OBJECTION OF FIVE OF YOU WHO, UM, WOULDN'T WANNA SEE THAT MOVE FORWARD TO, TO CHANGE ANYTHING OF THAT, OR TO ADD SOMETHING TO THAT, UH, VOICE YOUR OBJECTION NOW.

IF NOT, THEN, UH, BETWEEN NOW AND THE COUNCIL MEETING, WE WOULD HAVE TONY REVIEW SOME OF THE OTHER MEETINGS AND, UH, COMMUNITIES SEE WHAT THEY DO, AND THEN JUST BRING IT TO A VOTE ON MONDAY.

SO IS THERE A MAJORITY OBJECTION? OKAY.

SO TONY, IF YOU WILL DO THAT FOR US.

OKAY.

AND THEN WE'LL BRING THAT, UH, THEN WE WILL BRING THAT BACK.

OKAY.

SO THAT DEALS WITH ITEM THREE M AND NEXT WE HAVE ITEM THREE.

YES.

HERE? YES.

DID YOU HAVE SOMETHING ELSE? YES, PLEASE.

YES, ED.

OKAY.

UM, DEALING WITH COUNSEL RULES, I JUST WANNA REMIND COUNSEL OF THE, UM, ABSTENTION VOTE ISSUE WE HAD EARLIER THIS YEAR.

UM, TONY, I DID NOT HAVE TIME TO CALL YOU, UM, TO ASK YOU THIS QUESTION, WHICH I NORMALLY DO BEFORE MEETINGS.

UM, COUNSEL RULES, HAVE THEY BEEN CHANGED? THE 2022 COUNCIL RULES THAT WE HAVE CURRENTLY HAVE, HAVE THEY BEEN CHANGED? MODIFIED COMING IN THE PACKET? OKAY.

NO, I DIDN'T THINK SO, BUT I JUST WANTED TO VERIFY.

OKAY.

UM, I'D LIKE TO POINT COUNSEL TO, UH, AN EMAIL FROM THE 10TH OF JUNE, 2022 IN THE OPINION OF RICK, RICK LING.

UH, JUST TO REMIND COUNSEL, I'LL READ AN EXCERPT, UM, FURTHER ARTICLE FIVE 5.05 OF THE HUBER HEIGHTS CHARTER, WHICH IS MADE MANDATORY BY FOUR 5.01 SPECIFICALLY STATES THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED WITHOUT THE AFFIRMATIVE VOTE OF AT LEAST A MAJORITY OF THE MEMBERS OF COUNCIL, THEN HOLDING OFFICE.

UM, MR. LING'S OPINION OF THE ABSTENTION VOTE BEING CHANGED TO AN AFFIRMATIVE VOTE, UM, WOULD BE, UH, IN DIRECT, UH, CONFLICT AND VIOLATING OUR CITY CHARTER.

UM, NOW THERE'S A LOT MORE INFORMATION BECAUSE THIS WAS MENTIONED, LAWYER TO LAWYER, AND THAT'S THE SECTION I, THE, THE EXCERPT I HONE IN ON.

UM, I, I WOULD LIKE TO ENTERTAIN THE IDEA OF MAKING THE NECESSARY CHANGES IN THE, UH, COUNSEL RULES TO MAKE SURE WE'RE NOT VIOLATING THE CHARTER.

NOW, UH, TO BE FAIR, UH, OUR, UH, LAW DIRECTOR HAD THE OPINION THAT IT WASN'T A VIOLATION.

UM, UH, MR. MONTGOMERY, WELCOME TO HUBER HEIGHT, CITY COUNCIL'S LAW DIRECTOR.

UM, HAVE YOU, UH, REVIEWED OR BEEN BRIEFED OR EVEN DISCUSSED, UH, AN ABSTENTION VOTE THAT, UM, PREVIOUSLY I KNOW I DID NOT COMMUNICATE WITH YOU AHEAD OF TIME, SO I I HAVE NOT.

OKAY.

SO MAYOR, WHAT I WOULD LIKE TO DO IF YOU'RE AGREEABLE, IS TO GET THE, UH, HAVE TONY SEND THE NECESSARY INFORMATION TO MR. MONTGOMERY CC ALL OF COUNSEL, AND IF WE CAN COME BACK AT A, UH, FUTURE WORK SESSION AND DISCUSS THIS ISSUE, AND THEN WE'D HAVE MR. MONTGOMERY'S, UH, LEGAL OPINION.

UH, I UNDERSTAND THE SITUATION HE'S PUT IN SINCE, UM, UM, JERRY MCDONALD'S A, UH, PARTNER AT PICKLE SCHAFFER AND LING A VERY WELL RECOGNIZED AND RENOWNED LAW FIRM IN THE CITY OF

[01:50:01]

DAYTON.

UM, HE'D HAVE TO GO BACK IN, UH, IF I'M ACCURATE, IF RICK LING'S ACCURATE, HE'D HAVE TO OVERTURN A PREVIOUS LAW DIRECTOR'S DECISION, UH, ONE WHO'S IN HIS PARTNERSHIP, WHICH IS NOT EXACTLY A, A GREAT ENTRY INTO HUBER HEIGHTS.

UM, BUT AT THE SAME TIME, UM, YOU KNOW, THIS WAS, UH, A LAW OPINION THAT I HAD, UH, PAID FOR SPECIFICALLY OUTTA MY OWN POCKET.

AND, UH, BECAUSE I FELT IT WAS NECESSARY, AND I FEEL IT COMPELLED TO MAKE SURE I'M NOT VOTING FOR SOMETHING AND COUNCIL RULES THAT VIOLATES THE CHARTER.

UM, EVEN THOUGH I'M ON RECORD FOR VOTING FOR THIS BEFORE, UH, I DID NOT HAVE SPECIFIC KNOWLEDGE THAT THAT TYPE OF PROVISION WAS, UM, VIOLATING OUR CITY CHARTER, WHICH I DO NOT WANT TO DO.

SO IF THAT'S SOMETHING, UH, MY SUGGESTION, MY RECOMMENDATION IS GET THE INFORMATION TO MR. MONTGOMERY AND WE CAN TALK ABOUT THAT MORE THOROUGHLY, UM, WHEN HE HAS THE OPPORTUNITY TO RESEARCH THAT.

OKAY.

SO I THINK, UH, ALL GOOD POINTS, ED, AND I THINK, IF I REMEMBER CORRECTLY, WE HAD TWO ISSUES AT THAT TIME.

UH, ONE WAS A ACTUAL RULES OF COUNSEL CHANGE WHAT WE TALKED ABOUT, WHAT WAS BROUGHT BY MR. WEBB.

AND THAT WASN'T, UH, THAT THAT PARTICULAR, UH, DISCUSSION FOR MR. WEBB DIDN'T INVOLVE ABSTENTIONS.

IT INVOLVED, UM, AN UNEXCUSED ABSENCE BEING COUNTED AS A NO VOTE, NOT A YES VOTE.

WAS THAT RIGHT TO, SO I THINK THAT WAS, THAT WAS THE PIECE THAT WAS DISCUSSED IN THE RULES OF COUNSEL AT THAT PARTICULAR TIME.

UH, I THINK THAT, UM, THE REVIEW BY MR. MONTGOMERY ON, ON THE OTHER PIECE OF THAT, I THINK, UH, I SORT DON'T HAVE ANY OBJECTIONS TO THAT.

I THINK THE REASON, UH, I THINK THE, THE, THAT JERRY GAVE ON YOUR ABSTENTION, I THINK IT CAME DOWN TO A MATTER OF, UM, BEING PRESENT OR BEING NOT PRESENT AT A MEETING.

SO I THINK THE ISSUE, IF I REMEMBER, WAS, UM, THAT YOU WERE HERE PRESENT DURING THE MEETING FOR ALL THE OTHER ITEMS OF THE MEETING, AND THEN WHEN THAT PARTICULAR TOPIC CAME UP, YOU RAISED AN OBJECTION AND THEN YOU LEFT THE DIAS AND THEN YOU DIDN'T COME BACK.

CORRECT.

SO I THINK THAT WAS THE REASON OF THE RULING, IF I REMEMBER CORRECTLY FROM JERRY ABOUT HOW THAT INTERPRETATION, HOW THAT VOTE WENT WITH THE MAJORITY.

AND I THINK THERE WAS SOME LEGAL PRECEDENT, UM, THE, THE REASON JERRY GAVE THAT OPINION.

BUT I THINK THERE, THOSE WERE TWO SEPARATE ISSUES THAT I REMEMBER FROM A RULES OF COUNSEL PARTICULARLY.

ONE WAS, UH, AN UNEXCUSED ABSENCE COULD BE COUNTED AS A NEGATIVE.

BUT THEN THE OTHER PIECE MORE SPECIFICALLY WAS, UM, YOU LEFT DURING THE MEETING AND THEN DIDN'T COME BACK ON A SPECIFIC ISSUE.

AND I, I'D HAVE TO GO BACK AND LOOK AT THE VIDEO.

I'M NOT SURE IF YOU MENTIONED ABSTAIN OR IF YOU JUST OBJECTED AND THEN WALKED AND THEN WALKED OFF.

UH, IT WAS A PROTEST, BUT YOU WERE, YES, I THINK YOU SAID A PROTEST.

YEAH.

YOU IN PROTEST YOU WERE ACCURATE.

YES.

SO I THINK THAT THAT'S, I THINK THE REASON WE GOT THE RULING THAT WE DID, UH, FROM JERRY.

BUT I CERTAINLY HAVE NO OBJECTIONS FROM MR. MONTGOMERY GOING BACK AND REVIEWING THAT AND, AND LOOKING AT THE DETAILS IN THAT, UM, TO DETERMINE WHICH WAY IS ACCURATE.

I AGREE.

I WOULDN'T WANNA DO SOMETHING THAT'S VIOLATING THE CHARTER, UH, IN ANY WAY, SHAPE, OR FORM.

SO I THINK, I THINK IT'S CERTAINLY OKAY TO LOOK AT THAT.

THANK YOU.

NANCY.

CAN, UH, CAN WE HAVE MR. MONTGOMERY COME BACK ON MONDAY AND RECOMMEND, UH, IF, UH, I MEAN IF, IF HE AGREES WITH WHAT MR. MCDONALD'S, UH, ASSESSMENT WAS, THEN HE COULD JUST COME BACK AND CONFIRM IT AND WE CAN VOTE ON THE RULES OF COUNSEL.

BUT IF HE SUGGESTS THAT THERE'S AN ISSUE, THEN WE CAN MOVE IT ON TO THE NEXT WORK, WORK SESSION.

SURE.

WELL, WELL, IF HE COMES BACK AND SAYS THERE'S AN ISSUES, I THINK THAT'S CERTAINLY RIGHT, UH, VALID FOR FURTHER CONTINUED DISCUSSION.

CUZ THEN WE OBVIOUSLY HAVE TO HAVE SOME TYPE OF DISCUSSION AND CHANGE.

SO OF COURSE, BUT I WOULD WANT THIS TO STILL BE ON THE AGENDA FOR MONDAY.

YEAH.

SO WE HAVE, WE HAVE TWO ISSUES ON RULES OF COUNSEL, RIGHT? MM-HMM.

, THAT'S GONNA, THAT'S GONNA BE MOVED TO MONDAY.

UH, THERE WAS NEITHER A MAJORITY OBJECTION FOR EITHER ONE.

ONE WAS DEALING WITH THE SCHEDULE, YELLOW WAS DEALING WITH OPEN COMMENTARY AT A WORK SESSION.

SO TONY HAS DIRECTION FROM COUNSEL TO, UH, PREPARE SOME AMENDMENTS AND RULES OF COUNSEL, AND THEN BOTH OF THOSE ITEMS WILL BE UP FOR A VOTE ON MONDAY.

DON.

THANKS MAYOR.

UM, ALTHOUGH IT'S CUSTOMER FOR US TO, UH, ADOPT ANY CHANGES TO RULES OF COUNSEL AT THIS TIME PERIOD, UH, TONY, UH, CAN YOU VALIDATE WHAT I BELIEVE TO BE TRUE AND THAT IS THAT, UH, COUNSEL CAN CHANGE THE RULES OF COUNSEL AT ANY TIME THROUGHOUT THE YEAR IF A, UH, DEMONN NECESSARY THAT THAT IS CORRECT.

AND, UH, BARRING ANY CHANGES TO THE RULES OF COUNCIL, THE EXISTING ONES WOULD CONTINUE IN EFFECT UNTIL THEY ARE CHANGED OR READOPTED.

SO, UM, YOU KNOW, ONE OTHER POSSIBLE COURSE WOULD BE

[01:55:01]

TO, UH, ALLOW TIME FOR MR. MONTGOMERY TO REVIEW THAT MATERIAL FOR ME TO DO SOME OF THE RESEARCH THAT YOU'VE ASKED AND PUT TOGETHER AND JUST BRING ALL THESE AMENDMENTS BACK TO THE NEXT WORK SESSION RATHER THAN HAVING THEM ON THE AGENDA ON MONDAY.

IT'S NOT, THERE'S NOT A TIME CRUNCH THAT HAS TO BE DONE.

I WOULDN'T BE OPPOSED THAT IS ANYONE OPPOSED FOR TONY TO GET SOME TIME TO DO THAT WORK AND BRING 'EM BACK TO THE NEXT WORK SESSION? WHAT DATE IS THAT? THAT'D BE JANUARY 17TH.

SO JANUARY 17TH.

THANK YOU.

ANY OBJECTION TO HAVING, UH, TONY BRING BACK THIS ON JANUARY 17TH, THE WORK SESSION TO MOVE TO THE, UH, THE FINAL COUNCIL MEETING OF THE MONTH? YES, RICHARD.

I, I WILL JUST, UH, GO AHEAD AND MAKE COUNSEL AWARE I WILL NOT BE PRESENT AT THAT WORK SESSION.

OKAY.

THANKS RICHARD.

ANYTHING ELSE? I THINK WE KNOW WHERE YOU WERE .

I THINK WE KNOW WHERE YOU, WHERE YOU STAY, AT LEAST ON THE FIRST ONE.

YES.

THANK YOU, .

OKAY.

ANYTHING ELSE? OKAY, NEXT UP IS ITEM

[ 2023 Vice Mayor]

THREE N, WHICH IS THE 2023 VICE MAYOR.

UH, AS ALWAYS, IS THERE ANY, UH, NOMINATIONS FOR VICE MAYOR? UH, MR. KIM? MARK? YES, THANKS, MAYOR.

UH, FIRST OF ALL, I'VE ENJOYED, UH, BEING THE VICE MAYOR IN 2022.

UM, I WOULD SPEAK TO A DISCUSSION, UH, AFTER THE LAST MEETING THAT I HAD WITH KATE BAKER.

UH, SHE DID IN FACT ASK TO SPEAK TO ME AFTER THE MEETING.

WE, WE SPOKE OUT IN THE PARKING LOT.

UH, SHE WANTED TO DISCUSS THE, UH, IDEA OF HER BEING THE VICE MAYOR FOR 2023.

WE HAD A FOLLOW UP DISCUSSION, UH, WHERE I ASKED HER, I WOULD DESCRIBE IT AS A FEW QUESTIONS.

UM, AND WE TALKED MORE.

AND IT'S MY OPINION THAT KATE BAKER WOULD MAKE A GREAT VICE MAYOR FOR HUBER HEIGHTS IN 2023, AND I WOULD NOMINATE HER FOR VICE MAYOR 2023.

KATE BAKER, UH, KATE, DO YOU, UM, DO YOU ACCEPT? I ACCEPT AND THANK YOU FOR YOUR KIND WORDS.

THAT'S MY PLEASURE.

YOUR NOMINATION, ANY OF THE NOMINATIONS FOR VICE MAYOR FOR 2023? ANY GOOD? I WOULD LIKE TO NOMINATE RICHARD SHAW FOR VICE MAYOR.

OKAY.

RICHARD? I, I WOULD, UH, LIKE TO ACCEPT THE, UH, NOMINATION.

UM, AS WE KNOW PREVIOUSLY, I'VE HAD TO UNFORTUNATELY VOTE NO FOR MYSELF.

UM, THAT STILL HOLDS A BAD TASTE IN MY MOUTH.

I REMEMBER THAT.

YEAH.

OKAY.

SO WE HAVE, UH, KATE AND RICHARD.

ANYONE ELSE? OKAY, BEFORE WE ADJOURN, UH, I'VE BEEN NOTIFIED WE DO HAVE, UH, A REASON FOR AN EXECUTIVE SESSION THIS EVENING.

UH, TONY, IF YOU WOULD PLEASE, UH, IT WOULD BE AN EXECUTIVE SESSION TO CONSIDER THE PURCHASE OF PROPERTY FOR PUBLIC PURPOSES.

MARK, SO MOVE THROUGH A SECOND.

SECOND.

THANK YOU.

MOTION AND A SECOND.

ANY DISCUSSION PRIOR TO JUDGE MS. BAKER? YES.

MR. CAMPBELL? YES.

MRS. BURGE? YES.

MR. OTTO? YES.

MR. LYONS? YES.

THIS KITCHEN? YES.

MR. WEBB? YES.

MR. SHAW? YES.

OKAY.

AND THE MOTION FOR EXECUTIVE SESSIONS APPROVED EIGHT TO ZERO.

UH, IT'S 7 57.

WE'LL MOVE TO EXECUTIVE SESSION AND ONCE WE ARE FINISHED, WE'LL COME OUT AND INFORM EVERYONE IF THERE HAS BEEN ANY ACTION TAKEN.

THANK YOU.

ARE WE READY? OKAY.

IT IS EIGHT 13.

WE HAVE COME OUT OF EXECUTIVE SESSION AND THERE IS NO FURTHER ACTION TAKEN IN EXECUTIVE SESSION AT EIGHT 13.

THIS WORK SESSION IS NOW ADJOURNED.