* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] HELLO EVERYONE. AND WELCOME [1. Call The Meeting To Order - Mayor Jeff Gore] TO THE CV RIGHTS CITY COUNCIL MEETING. THIS IS A REGULAR SESSION MEETING, UH, THAT IS HYBRID REMOTE. AND IN PERSON TODAY IS SEPTEMBER 28TH, 2020. WE'RE GETTING STARTED AT 702. UH, THIS MEETING IS OFFICIALLY CALLED TO ORDER AND OUR NUMBER TWO IS OUR INVOCATION, WHICH WOULD BE BY LAY SPEAKER AND ORD FOR REPRESENTATIVE MR. RANDY HILL. THANK YOU. WOULD YOU PLEASE BOW YOUR HEADS, GOVERN EVERYTHING BY YOUR WISDOM, OUR LORD, SO THAT WE MAY ALWAYS BE SERVING YOU IN THE WAY THAT YOU WILL, AND NOT AS WE CHOOSE, LET US LAY DOWN OUR OWN NEEDS SO THAT WE MAY SERVE YOU AND LET US LIVE INTO THE WAY THAT YOU ARE LIFE ITSELF. WE THANK YOU SO MUCH FOR THIS DAY, FOR THE TIME THAT YOU'VE GIVEN US TO BE ABLE TO DO YOUR, YOUR WORK LORD IN YOUR NAME, WE PRAY. AMEN. AMEN. OKAY. IF YOU WOULD STAND WITH THE PLEDGE AND LET YOUR TEAM, MR. ROGERS, WOULD YOU CALL THE ROLL PLEASE? MR. SHAW, MS. BAKER HERE, MR. CAMPBELL HERE. THIS IS VERGE MR. OTTO HERE. MR. LYONS HERE, MR. HILL HERE. MR. WEBB HERE, MAYOR GORE HERE. OKAY. NUMBER FIVE IS THE APPROVAL OF MINUTES. AND THESE PARTICULAR MINUTES ARE FROM OUR CITY COUNCIL MEETING DATED SEPTEMBER 14, 2020. IF THERE ARE NO CORRECTIONS OR CHANGES REQUESTS FOR THOSE MINUTES, THEY WILL SAY AS APPROVED DURING THOSE OBJECTIONS, THOSE MINUTES WILL STAND AS APPROVED. NEXT UP IS THE, I REMEMBER SIX, WHICH WERE SPECIAL PRESENTATIONS AND ANNOUNCEMENTS. MR. ROGERS, ARE THERE ANY OF THIS EVENING? THEY'RE NOT IN THE SAVING THERE. THANK YOU, SIR. AND HOW ABOUT NUMBER SEVEN? CITIZENS COMMENTS? I HAVE ONE. OKAY. IF YOU WOULD, UH, WE RECEIVED THIS BY EMAIL, UH, FROM MR. MANSELL HAGAN. HELLO, UH, REGARDING ZONING ISSUES. I'M REQUESTING THAT ACTION BE TAKEN ON THE REPEATED ZONING ISSUES SUCH AS, BUT NOT LIMITED TO ONE VEHICLES PARKED IN YARDS, TWO BOATS AND TRAILERS IN FRONT OF HOUSES OR PERSONALLY IN FRONT OF HOUSES, THREE TRASH CANS STORED IN FRONT OF THE HOUSES FOR DISABLED VEHICLES PARKED ON THE STREET. FIVE YARDS, NOT BEING BOAT SIX AND ANY OTHER ZONING ISSUES. THE REINFORCEMENT NEEDS STRONG PENALTIES AFTER THE FIRST WARNING, THE PROPERTY THAT I OWN, IT'S SEVEN, NINE ZERO FOUR AT THIS AWARD COURT AS LOST VALUE DUE TO THE LACK OF ENFORCEMENT OF ZONING REGULATIONS, RESPECTFULLY MANTLE HAGEN. THANK YOU, MR. ROGERS, UH, HAVE A THING I'D LIKE TO ADD OR PART DISCUSSION MR. SHAW. I THINK THAT HE'S, UM, OR CONSTITUENT, HAVE YOU BEEN IN TOUCH WITH MR. PAGAN REGARDING THIS MATTER? I THINK WE'RE ON A FIRST NAME BASIS. MARY. SO I JUST WANTED TO SHARE WITH US SOME OF YOUR COMMUNICATION OR WHAT YOU'VE TALKED TO HIM ABOUT. UH, YES. I, UH, SPOKEN LINKED TODAY TO, UH, MR. HAGAN. UM, HE IS GOING TO BE CORRESPONDING WITH ME BY NOON TOMORROW WITH A LIST OF ADDRESSES TO FORWARD TO THE CITY MANAGER AND OUR ZONING ADMINISTRATOR. UM, WE DID SPEAK IN GRAVE LENGTH REGARDING THINGS SUCH AS THE TRASHCAN ORDINANCE, UM, UH, BOAT PARKING IN THE DRIVEWAY, UH, ORDINANCE. UM, HE SAID HE DID HAVE A CONCERN THE OTHER DAY AT, UH, HE WAS BLOCKED INTO HIS DRIVEWAY, UM, AND WANT TO KNOW, YOU KNOW, WHO TO CONTACT. SO, UH, I DID GO THROUGH SOME PROCEDURAL AND POLICY ITEMS, UH, THAT WE HAVE HERE IN THE CITY. UM, IT SEEMED TO PUT HIM AT EASE. HE WAS VERY CORDIAL. UM, I DO KNOW THAT HE SPOKE WITH OUR CLERK AT COUNCIL AS WELL, OBVIOUSLY WITH THE EMAIL THAT WAS SENTENCED, UM, ONGOING. UM, BUT, UH, I, YOU KNOW, I, I DO, I DO SHARE, UH, MR. HIGGINS A CONCERNED ON SOME OF OUR PROPERTY MAINTENANCE AND ZONING ISSUES WITHIN OUR COMMUNITY. UM, I KNOW THAT'S SOMETHING AS A COUNCIL WE HAVE DISCUSSED. UM, AND HE DID ALSO INQUIRE REGARDING THE ORDINANCE REVIEW COMMISSION COMING UP. AND I DID SAY IF THAT'S SOMETHING THAT YOU'RE LOOKING TO HAVE DONE, UM, I'D BE MORE THAN HAPPY TO DRAFT AN EMAIL TO THE CHAIR ONCE IT'S SELECTED. UM, IF THAT'S SOMETHING THEY'RE LOOKING AT DOING AND, UH, HE ASKED THAT TO BE DONE. UH, SO IT'S STILL AN ONGOING ISSUE. AND IF YOU'D LIKE I CAN UPDATE COUNSEL, UM, AND, UH, AS WE MOVE FORWARD, I'LL BE IN TOUCH WITH ROB, UH, TOMORROW, ONCE THOSE ADDRESSES, IS HE LOOKING TO PROVIDE FEEDBACK TO THE OREGON'S? YES. YES. OKAY. THANK YOU. APPRECIATE THE COMMENTS. I'M PRETTY SURE THAT YOU'RE DEALING WITH MR. HAGAN AND TALKING HIM THROUGH THIS SITUATION. [00:05:02] YES, MR. CAMPBELL. YES, THERE WAS A RESIDENT THAT MET ME OUT FRONT, COMING INTO THE BUILDING AND HAS A CITIZENS COMMENT WAS UNAWARE THAT WE HAD A DEADLINE OF, I THINK, FIVE O'CLOCK, UH, AND DID NOT KNOW THAT YOU HAVE TO EMAIL THE CITY. OKAY. AND HE'S ASKED IF IT WOULD BE APPROPRIATE IF I CONVEYED HIS TWO CONCERNS, BUT I DIDN'T WANT TO BREAK PROTOCOL WITHOUT GETTING PERMISSION. UM, HE, HE WAS HERE AND TALK TO YOU PERSONALLY. I DON'T HAVE ANY ISSUES WITH YOU RAISING THIS COMMENT. THAT'S FINE. UM, I TOLD HIM THAT I WOULD SUMMARIZE THIS COMMENTS AND HE CAN FOLLOW UP ADDITIONAL COMMENTS LATER, BUT HIS FIRST ITEM IS THE ROSE MUSIC CENTER AND THERE IS A, UH, CANVAS COVERING, UH, OVER THE VIP AREA. AND HE BELIEVES THAT THAT IS IN VIOLATION OF OUR CITY ORDINANCES AND WOULD LIKE THAT LOOKED INTO. OKAY. AND HIS SECOND ISSUE IS THE SOUND DECIMALS THAT, UH, ARE REGULATED BY SOME TYPE OF DEVICE AT THE EICHELBERGER. AND AT THE LAST EVENT OR ONE OF THE LAST EVENTS, UM, IT MIGHT'VE BEEN, UH, AT A FARMER'S MARKET. UM, WE DIDN'T USE THE DEVICE AND WHEN IT WAS MEASURED AROUND THE RESTROOMS, IT WAS, IT WAS MORE THAN THE ORDINANCE ALLOWS. I BELIEVE HE SAID THE ORDINANCE ALLOWS MAYBE 80 DECIMALS AND THAT IT WAS RECORDED AT ABOUT A HUNDRED, TO BE HONEST, I DON'T KNOW IF HE RECORDED THAT OR SOMEONE ELSE DID, BUT HE WOULD LIKE THAT LOOKED INTO AS WELL. THE, THE WHAT'S THE SPECIFIC CONCERN THAT MATERIAL, OR THAT THERE SHOULDN'T BE ANY ENCLOSURE OR THE VIP SECTION AT ALL, OR DID HE SPECIFY? HE SAID HE JUST FELT THE CITY SHOULD BE FAIR. AND IF THE ORDINANCE SAYS WE'RE NOT ALLOWED TO HAVE A CANVAS COVERINGS FOR THE CITIZENS, THEN WE SHOULDN'T HAVE THAT. UM, AND THE SAME WITH THE EVENT AT THE EICHELBERGER, IF WE HAVE AN ORDINANCE THAT REGULATES THE DECIMALS TO 80, AND THERE'S A MACHINE THAT YOU PLUG THE EQUIPMENT IN THAT REGULATES THAT IT SHOULD ALWAYS BE USED, IT SHOULD BE CONSISTENTLY FAIR. OKAY. RUBBED, WHEN I REMEMBER WE TALKED ABOUT, UM, I DIDN'T EVEN LAST YEAR, I ONLY WERE DISCUSSING HAVING MORE EVENTS AND PARTICULARLY WHEN STARTING A WHOLE MUSIC SERIES AT THE BURGER, DIDN'T WE ADDRESS SOME OF THE NOISE IN THAT, THE SOUND ORDINANCE THERE. I THOUGHT WE WERE GOING TO LOOK AT INCREASING THAT BECAUSE WE WERE WORRIED THAT THAT MIGHT NOT BE ENOUGH TO ACCOUNT FOR, BUT I DON'T REMEMBER IF WE ACTUALLY DID SOMETHING AND ACTUALLY PASS LEGISLATION THAT CHANGED THAT. OR IF THAT WAS SOMETHING WE WERE JUST, WE HAD DISCUSSED AND LOOKED INTO IT. AND THEN WE JUST KIND OF, KIND OF WENT BY THE WAYSIDE SINCE WE DIDN'T HAVE ANY ACTS BOOKED THERE OR ANYTHING YET. BUT I DO REMEMBER THAT I DO REMEMBER THAT DISCUSSION. YEAH. WE, UH, WE DECIDED TO, UM, TO SEE HOW THINGS WERE GOING IF IT WAS INTRUSIVE TO THE ABILITY TO HAVE PERFORMANCES. UH, BUT, UM, WITH THE LAST, UM, I THINK WEEKEND OR WEEKEND BEFORE BEING ONE OF THE LAST THINGS OF THE YEAR, AND WE'VE HAD, I THINK ALMOST 10. SO FIRST WE'VE HEARD OF ANYTHING REGARDING ANY HINT OF A NOISE ISSUE. MR. CAMPBELL. I, I DIDN'T GET A NAME FOR THAT INDIVIDUAL. IS THERE SOMEBODY THAT, UH, THAT I SHOULD CONTACT, SORRY, DAVE THOMAS. DAVE THOMAS, YES. OKAY. DAVE THOMAS, SORRY. I'M SORRY. I DON'T SAY NOPE, NO PROBLEM. I APOLOGIZE FOR THAT. OKAY. YEAH. SO THERE'S, THERE'S NO MORE MUSIC I HAPPEN AT, AT THE EICHELBERGER THIS YEAR, CORRECT? THAT WAS, I DON'T BELIEVE THERE'S ANYTHING. WE HAVE THE LAST CONCERT SCHEDULED, BUT IF THERE ARE, WE DO HAVE THE PROTOCOL AND LIKE I SAID, IT'S BEEN FOLLOWED IF THERE WAS A, A PARTICULAR, UM, ESTIMATE BY SOMEBODY WHO MIGHT'VE USED SOMETHING, NOT KNOWING WHAT THEY DID. I, I'M NOT SURE, BUT I'LL, I'LL CHECK TO SEE IF, UM, UM, YOU KNOW, WHAT, WHAT THE STATUS WAS, BUT WE'VE HAD SEVERAL WITHOUT ISSUE OR COMPLAINT. AND CURRENTLY THAT 10 AT THE VIP IS A FRAME. THERE'S NOTHING ON IT. SO I'M NOT SURE. AND WHAT TO SAY ABOUT THAT. HE MIGHT, UH, UH, MR. THOMAS MIGHT SEND A TEXT OR AN EMAIL TO ME, AND IF HE DOES ALL FOUR, THAT YOU'RE VERY GOOD. AND I WOULD ALSO RECOMMEND IF HE'S WATCHING THAT, IF HE WOULD PUT SOMETHING IN WRITING, IT COULD BE SENT TO THE CITY MANAGER. AND IF WE CAN HAVE MORE FACTS, ALL I'M GIVING US A THUMBNAIL OF WHAT HE SET OUT FROM. GOTCHA. SURE. OKAY. NO PROBLEM AT ALL. THANKS FOR THAT. AND ANY OTHER QUESTIONS OR COMMENTS OR ANYTHING REGARDING YES. SPEAKER? [00:10:01] UM, SO AT THE COVERING HE SPOKE ABOUT, WAS THAT A SALE OR JUST OVER THE VIP AREA? I THINK THE, SO THE, THE PRIVATE AREA AND THE BACK SECTION OFF TO THE STAGE, THERE'S AN OPEN AREA WHERE THERE'S TABLES AND CHAIRS, THEN THE SECTION OF THE PIRATE IT'S COVERED, AND THAT'S A CANVAS COVERING OVER A LARGE METAL TYPE FRAME. SO I GUESS THE CANVAS IS WHAT SOUNDS LIKE IS WHAT MR. THOMAS IS REFERRING TO THAT HE DOESN'T THINK FITS OUR ZONING CODE. OKAY. THANK YOU. YES. AND, AND HE STRESSED THAT, YOU KNOW, HE JUST FELT, YOU KNOW, WE WOULD WANT TO BE FAIR. I DIDN'T GET INTO DISCUSSION ABOUT IF THERE IS AN ORDINANCE, SHOULD WE AMEND THAT ORDINANCE OR SHOULD WE TAKE THE COVERING DOWN, BUT HIS POINT WAS, WE JUST NEEDED TO BE CONSISTENT AND FAIR. YES. PART OF THE WINTERIZATION PROCESS, AS YOU SAID, ROB, THAT IT WAS NEVER PUT UP THIS YEAR AND IT'S NEVER BEEN UP, HAS BEEN ABOUT A YEAR. AND, AND I HOPE I'M DESCRIBING THE RIGHT TENT COVERING THAT, THAT HE SAID, BUT I COULD HAVE ALMOST, I FEEL LIKE CANVAS COVERING OR THAT WE HAVE THROWS. RIGHT. YEAH. THERE'S, UM, THERE'S THE MAIN VIP AREA. AND THEN THERE'S THE, UM, THE BACK AND THEN WE, WE GET, WE GET PERMITS AND, UH, 10 PERMITS EACH YEAR FOR THAT. SO I'LL, I'LL, I'LL GIVE YOU SOMETHING. GOTCHA. I APPRECIATE IT. ANY OTHER QUESTIONS REGARDING, UH, MR. THOMAS? HIS CONCERNS AND COMMENTS. OKAY. THANK YOU. SO NEXT UP WOULD BE, I REMEMBER EIGHT CITIZENS REGISTERED TO SPEAK ON SPECIFIC AGENDA ITEMS OR ANY OF THOSE THEY'RE IN AMERICA. AND NEXT IS I NUMBER NINE, WHICH IS OUR CITY MANAGER REPORT. MR. SHARK. YES. UH, TWO QUICK THINGS. UH, MAYBE ONE, NOT SO QUICK, BUT, UM, UH, THE FIRST ONE IS OUR, UM, ENERGY AGGREGATION. UH, SINCE WE HAD OUR LAST MEETING AND LOOKING AT THAT, NOT TO EXCEED THE MARKET HAS GONE UP, IT'S GONE UP ABOUT 5%. SO THEY ARE LOOKING FOR THAT OPPORTUNITY TO GET IN, UH, WHEN IT HOPEFULLY RECEIVES BACK DOWN AND GET SOMETHING LOCKED IN, THEY'RE HOPING TO GET INTO THE MARKET TOMORROW AND GET IT DONE. WE HAD AN UPDATE TODAY ON THAT THEY WERE TRYING TO GET IN, BUT, UH, UH, IT WAS JUST, UM, BEYOND THAT POINT. SO WE'RE WORKING HARD TO DO THAT WORST CASE SCENARIO, IF IT SEEMS THAT THE MARKET SET GOING INTO THE, UH, THE SEASON AND WE'LL GO UP, WE MAY NEED TO MAKE AN ADJUSTMENT. BUT, UM, OUR CONSULTANT SEEMS TO, SEEMS TO FEEL CONFIDENT THAT WE'LL BE ABLE TO GET IN THERE THIS WEEK AND HOPEFULLY GET SOMETHING ACCOMPLISHED, UM, REGARDING A, A RATE LOCK-IN. SO UNFORTUNATELY IT JUST DIDN'T COME, COME DOWN ANY, UH, UNDER THE ASSUMPTION THAT IT WOULD CONTINUE TO RISE, BUT THAT HAPPENS IF YOU DO GET NOTICED TOMORROW, WE HAVE GONE INTO SOME TYPE OF A RATE LOCK ON THE MARKETS. WOULD YOU LET US YEAH, IT IS. AND IF IT WILL BE, IT WILL BE WHAT WE LEGISLATED. SO, UM, THE, UH, THE NEXT THING IS, AS I FEEL IT MAY AS WELL, JUST GO AHEAD AND BRING IT UP, UH, REGARDING A, UM, A HOME THAT WAS PURCHASED ON RIO VISTA. THERE'S BEEN MANY CONVERSATION. UH, THERE'S BEEN A LOT OF, UM, UH, INQUIRIES, UM, AND CONCERN FROM THERE, FROM THE RESIDENTS, UH, IN ESSENCE, THERE'S REALLY NOTHING IN OUR ZONING CODE THAT WOULD REQUIRE, OR B ALLOW US TO DENY ANY TYPE OF SPECIAL USE. UH, ESSENTIALLY THERE'S FOUR INDIVIDUALS THAT WILL BE LIVING INDEPENDENTLY IN A HOME. UM, AND THERE'S NOTHING, YOU KNOW, TECHNICALLY ILLEGAL THAT WE CAN DO ABOUT THAT. IF THEY HAD CAREGIVERS, IF THEY WERE AS A SERVICE BEING PROVIDED, AND IT WAS LIKE A, A CARE FACILITY THAT'S DIFFERENT. UH, BUT THIS IS NO DIFFERENT THAN IF SOMEBODY AND I HATE TO SIMPLIFY IT. UH, BUT WE, UH, WE UNDERSTAND AND ARE ALSO CONCERNED WITH UPKEEP AND ALL THOSE THINGS. UM, ESPECIALLY IF TENANTS AND HOMES AREN'T NECESSARILY THE, YOU KNOW, UH, MAYBE LONGTERM AND OUR OWNERS, UH, BUT NONETHELESS PROPERTY MAINTENANCE REQUIREMENTS. THERE'S NO DIFFERENCE. UH, THEY, THEY CAN, UH, THE, THE COMPANY IS REQUIRED TO DO THAT. THE OWNERSHIP OF THE HOME IS REALLY IRRELEVANT. IT'S THE USE OF THE PROPERTY IS WHAT IS RELEVANT. AND THERE ARE, UH, UP TO FOUR INDIVIDUALS LIVING IN THE HOME, UH, INDEPENDENTLY, THERE ARE NO 24 HOUR CAREGIVING. THERE IS NO, UM, HEALTH SERVICES, UH, THAT, THAT ARE, UH, THAT ARE ONSITE OR PROVIDING. THEY ARE INDEPENDENTLY LIVING THERE. AND AGAIN, IT WILL BE NO DIFFERENT THAN IF SOMEBODY OWNED A HOME, RENTED IT OUT TO, UM, SOME COLLEGE KIDS, UH, AS A, AS ROOMMATES, AGAIN, HEY, NOT THE SAME APPLES AND ORANGES, BUT SIMILAR IN LEGAL TERMS. AND JERRY, IF I SPOKE BEYOND THAT, UH, ANYTHING INCORRECT. UM, SO WE, WE KNOW THAT THE RESIDENTS ARE VERY CONCERNED, UH, AND WE CERTAINLY, UH, UNDER THE ASSUMPTIONS THAT WAS [00:15:01] GIVEN THAT IT WAS GOING TO BE A, EITHER A GROUP HOME OR A, UH, SMALL CARE FACILITY OPERATED THAT WOULD HAVE BEEN AN ISSUE, UH, AND THAT WOULD HAVE CAUSED, UH, CAUSED THE OWNERS TO HAVE TO REQUEST A SPECIAL USE UNDER OUR CURRENT CODES DUE TO THE PROXIMITY OF AN R FOUR DISTRICT, UH, THAT SPECIAL USE WOULD NOT BE PERMITTED. UH, BUT AS THEY HAVE INDICATED, IF THERE'S FOUR INDIVIDUALS INDEPENDENTLY LIVING IN THERE, UM, IT WOULD BE A, IT WOULD BE PERMITTED. OKAY. YEAH. THANK YOU FOR CLARIFYING THAT. CAUSE I KNOW, UH, SEVERAL RESIDENTS HAVE REACHED OUT TO ME ALONG IN SOME MS. BAKER AND HAD A CONVERSATION ABOUT THAT EVEN JUST BEFORE THE MEETING STARTED. SO CERTAINLY CLARIFICATION AROUND THAT ISSUES. APPRECIATE IT. I'LL CERTAINLY REACH OUT TO THOSE THAT HAVE CONTACTED ME. AND IF ANYBODY ELSE HAS TALKED TO ANY OTHER, UM, CITIZENS, WE CAN LET THEM KNOW WHAT THAT SITUATION IS. OKAY. I THINK IN THAT CASE, I THINK WHAT IT ACTUALLY IS VERSUS WHAT WAS THOUGHT IT WAS GOING TO BE, I THINK IS TWO ENTIRELY DIFFERENT. UH, YES, BUT IT'S YEAH, TWO DIFFERENT SCENARIOS, BUT, UM, BUT THERE'S NOTHING WRONG. HOPEFULLY EVERYBODY SHOULD HAVE AN UNDERSTANDING OF WHAT THE LEGALITY OF IT IS. SO IF IT DOES BECOME CARE HAPPENING, YOU KNOW, SHIFT CHANGES MORE THAN IS IT FAR, OR IS IT, WHAT'S THE LIMITATION ON THE AMOUNT THAT CAN LIVE INDEPENDENTLY IN THAT SITUATION? I JUST WANNA GET AS MUCH DETAIL. SO AS WE SPEAK TO THE RESIDENTS, WHO'VE QUESTIONED THIS OR HAD QUESTIONS ABOUT IT. WE CAN GIVE THEM BACK AS MUCH DETAIL AS POSSIBLE FOR, FOR WHAT THEY ARE LICENSED, WHICH IS FOR A HOME FOR DEVELOPMENTALLY DISABLED INDIVIDUALS. UM, IT'S FIVE OR UNDER, THEN IT GOES UP FROM SIX TO EIGHT, THEN THAT'S A DIFFERENT TYPE OF CLASSIFICATION WHERE YOU CAN HAVE SOME VARIOUS ZONING REGULATIONS COME IN AND THEN ONCE IT GETS BEYOND EIGHT, THEN IT'S MORE LIKE FACILITY THAN IT IS. BUT IF THEY WERE TO ACQUIRE IT, IF THERE WERE MORE THAN FIVE PEOPLE LIVING THERE, FIVE OR MORE, WOULD THAT REQUIRE NOTIFICATION TO US AND SOME TYPE OF A SPECIAL USE ZONING OR DOES IT HAVE TO GET TO THE YES. THAT THEY'RE APPLYING FOR A LICENSE WHERE IT'S ONLY GOING TO BE UP TO FOUR. SO, OKAY. SO ANYTHING BEYOND FOUR, COME BACK AND GET A DIFFERENT LICENSE. OKAY. ALRIGHT, MS. BERG, IF I MAY JUST HURT GARY, RIGHT. AND HE SAID THAT THEY COULD AFFORD WITHOUT A LICENSE. NO, TH TH THE LICENSE THEY'RE APPLYING FOR FROM THE STATE ALLOWS THEM UP TO FOUR. IF THEY WOULDN'T HAVE MORE THAN FOUR PEOPLE LIVING IN THE, IN THE, IN THE HOME THEY'RE PURCHASING, THEN IT WOULD REQUIRE A DIFFERENT ZONING TYPE THAT WOULD BE SOME TYPE OF SPECIAL USE ZONING. AND THAT WOULD HAVE TO COME BACK BEFORE THE CITY, BUT THE LICENSE THEY'RE APPLYING FOR FROM THE STATE IS ONLY FOR FOUR OR LESS. OKAY. UM, MY QUESTION TO YOU AND WE HAVE MANY GROUP HOMES IN THE CITY, SO IT'S NOTHING NEW. UH, BUT I WAS WONDERING IF, AS THE NUMBERS INCREASE IN THE, IN THE RESIDENT THING, IS THERE A, JUST A STATE REQUIREMENT? SO WHEN YOU SAY THE NUMBER INCREASING, IS THAT THE NUMBER OF GROUPS, HOMES, OR THE NUMBER OF RESIDENTS INSIDE OF ONE SPECIFIC HOME? YEAH. IF THE NUMBER INCREASES, LIKE IF IT WENT UP TO EIGHT OR SOMETHING, WOULD THE SAME REQUIRE IT BEING A MUCH BIGGER FACILITY? WELL, THEY WOULD HAVE TO ASK FOR, IT DEPENDS ON THE TYPE OF HOME. IT IS FOR THE HOME, FOR THE DEVELOPMENT DISABLED, THE REQUIREMENTS ARE BASICALLY SIX TO EIGHT AND THEN EIGHT AND ABOVE ARE THE ONES THAT ARE MORE REGULATED. WHEN IT'S SUCH AS THIS ONE WITH FOUR PEOPLE, THEN THERE IS NO REGULATIONS. IT'S JUST CONSIDERED A REGULAR FAMILY HOME. THERE ALSO HAVE DIFFERENT RULES FOR HOMES, FOR PEOPLE THAT SUFFER FROM MENTAL ILLNESS. AND THEN THOSE IT'S BASICALLY ANYTHING ABOVE FOUR. THEN YOU HAVE DIFFERENT ZONING REGULATIONS. SO THE STATE REGULATES NOT ON JUST GROUP HOME, BUT WHAT THE TYPE OF DISABILITY IS FOR THE HOME. AND THEY HAVE DIFFERENT RULES THAT APPLY TO A GROUP HOME, A RESIDENTIAL [9. City Manager Report] FACILITY, A DEVELOPMENTALLY DISABLED FACILITY. SO THERE'S ALL SORTS OF DIFFERENT ZONING RULES. SO FOR THE NEIGHBOR, FOR THE NEIGHBORHOOD ISSUE THAT WAS WRITTEN, THEN THEY FEEL CONFIDENT THAT THAT THE ONLY FOUR PEOPLE WORKING IN THERE. YES. OKAY. YEP. SO THE LICENSE, THE LICENSE THEY'VE APPLIED FOR THROUGH THE STATE ONLY ALLOWS FOR RESIDENTS. AND I THINK THAT'S WHERE WE'RE LOOKING AT IT FROM, YOU KNOW, WE DON'T HAVE ANY LAWS THAT SAYS FOUR NON-FAMILY MEMBERS CAN LIVE IN THE SAME RESIDENCE. WE DON'T HAVE ANY, WE DON'T HAVE ANY [00:20:01] REGULATION OR ORDINANCE IN THE STATE. HE WRITES THAT DOESN'T ALLOW THAT MY UNDERSTANDING IS THAT'S ALL IT IS FOR NON FAMILY MEMBERS THAT ARE LIVING IN THE SAME RESIDENCE. OKAY. THANK YOU. YEAH. AND JUST FOR CLARITY, AGAIN, IT SOUNDS AS IF THESE FOUR INDIVIDUALS AND PARDON ME, IF I'M, IF I'M NOT TERMING THIS PROPERLY, BUT THEY'RE NOT, UH, SEVERELY DISABLED TO THE POINT THAT THEY REQUIRE IN HOME CARE OR THAT TYPE OF SERVICE, THESE DAILY FUNCTIONING INDIVIDUALS WITH MINOR DISABILITY, THIS IS CORRECT. IF THEY HAD TO HAVE 24 HOUR CARE AND BE A DIFFERENT TYPE OF SITUATION. AND THAT WOULD BE SOMETHING THAT WOULD BE REGULATED BY OUR CODE. OKAY. THANK YOU. ANY OTHER QUESTIONS OR COMMENTS? YES. IT WAS BIGGER. WILL THIS BE REVIEWED AGAIN, LIKE WILL COME UP FOR YOU? OKAY. I, I KNOW THAT THE DIFFERENT LICENSES HAVE TERMS, BUT I DON'T KNOW HOW LONG THEY ARE AND AS LONG AS THEY'RE INDEPENDENT. YEAH. SO I THINK PT OXYGEN CAREGIVING, WHO'S MAKING THE VA AS LONG AS THEIR INDEPENDENT LEVEL. RIGHT. MR. SHAWL, JEFF QUESTION. IT WAS FOLLOWING UP ON COUNCILMAN BAKER'S QUESTION ON THE, UH, THE REVIEW, UM, UNDERSTANDING THAT, UH, THE 10 DAY PROCESS ON THE STARTED BACK ON OCTOBER 21ST, UM, JERRY, WHAT WILL THE CITY'S RESPONSE BE, IF ANY, AND WHAT IS THE PROCESS THAT THE ORGANIZATION, UM, HAS, UH, MOVING FORWARD, UH, WOULD THERE BE ANY NOTIFICATIONS TO THE RESIDENTS THAT SURROUND THEIR, UH, RESIDENTIALLY, UM, WHO HAVE SOME CONCERNS THAT MAY LIVE THERE? AND, UH, WHAT IS, UH, WHAT KIND OF NOTIFICATION WILL BE PROVIDED TO THE CITY WANTS TO REVIEW AND STUFF? WELL, THE CITY HAS THE 10 DAYS TO OBJECT, WHICH IS A VERY LIMITED OBJECTION. ZONING IS NOT ONE OF THE OBJECTIONS IN THIS CASE. UM, AND IF WE WERE TO OBJECT BASED ON ONE OF THE STATUTORY REASONS FOR OBJECTION, WHICH IS THAT THIS ORGANIZATION HAS BROKEN THE LAW BEFORE, THINGS LIKE THAT, WHICH IS TO MY UNDERSTANDING, NOT THE CASE HERE. UM, IF WE OBJECT TO THEM, THERE'S A HEARING HELD AND A DECISION IS MADE IF WE DO NOT OBJECT, OR WHEN WE SIMPLY DON'T DO ANYTHING AT ALL, THEN IT JUST PROCEEDS TO THE NEXT STEP, WHICH IS THE STATE WILL CONDUCT ITS INVESTIGATION. DO IT'S LICENSING GRANTED OR DENY IT BASED ON WHATEVER FACTORS THE STATE WILL USE? UM, IT'S MY UNDERSTANDING FROM TALKING WITH MR. FALKOWSKI THAT A LETTER IS PLANNED FROM THE CITY TO THE RESIDENTS EXPLAINING, UH, IN PART WHAT MY LEGAL OPINION WAS ON THAT I'M EXPLAINING THE SITUATION. SO I DO BELIEVE THAT THERE IS A LETTER THAT'S GOING TO GO OUT, AT LEAST FROM US. I DON'T KNOW THAT THE STATE HAS ANYTHING FURTHER THAT IT DOES WITH RESPECT TO NOTIFICATIONS FOLLOW UP MAYOR, IF I MAY, UM, JERRY, IS THERE ANY REQUIREMENTS OR, UM, UM, NECESSITY FROM THE STATE TO NOTIFY US OF THEIR DECISION, WHETHER IT'S A DENIAL OR APPROVAL, A MAP OF THE ONLY THING I KNOW OF FOR SURE IS THE 10 DAY LETTER, WHICH WE RECEIVED AFTER THAT. I DON'T BELIEVE THERE'S, I DON'T KNOW. I SHOULD SAY IF THERE'S ANY OTHER, WE CAN, WE CAN, WE CAN EASILY MONITOR IT AND FIND OUT THOUGH, DO WE HAVE ANY IDEA WHAT THE TIMEFRAME IS, IS LIKE THAT? I MEAN, SO I KNOW PEOPLE ARE, I THOUGHT THEY THINK PEOPLE ARE MOVING IN THERE ALREADY WITHOUT A LICENSE. I DON'T SEE HOW THAT COULD BE HAPPENING. YEAH. THE SAME CONCERNS. I WOULDN'T THINK SO. THAT'S WHAT, SO THAT WAS ONE OF THE THINGS THAT WAS ADDRESSED TO ME IS FOR ANYBODY HAD A CHANCE TO DISCUSS THIS OR TO GET THE INFORMATION THEY THOUGHT PEOPLE WERE ACTUALLY MOVING IN ALREADY. AND MY LAST COMMENT WAS, I DON'T BELIEVE THEY'VE EVEN BEEN ISSUED IN LICENSE FROM THE STATE YET. SO I DON'T KNOW. I DON'T KNOW HOW THAT COULD, HOW THAT COULD BE THE CASE, BUT I DON'T KNOW WHAT THE LEGALITIES ARE ABOUT THAT EITHER RIGHT THERE, THEY'RE LICENSED AS A FACILITY, WHICH THEREFORE I BELIEVE WOULD GIVE THIS COMPANY CERTAIN BENEFITS, CERTAIN RIGHTS TO CERTAIN FUNDS AND THINGS LIKE THAT. BUT IF THE PROPERTY IS OWNED, SOMEBODY IN THEORY COULD LIVE THERE WITHOUT IT BEING A LICENSED FACILITY. UM, I JUST DON'T KNOW FOR, I DON'T KNOW, THE INSURANCE, ALL THOSE TYPES OF THINGS, AND IT'S JUST LIKE ANYBODY ELSE BUYING A HOUSE AND RENTING IT TO FOUR PEOPLE. OKAY. OKAY. ALL RIGHT. DOES ANYBODY ELSE HAVE ANY OTHER QUESTIONS? I KNOW THIS IS, AGAIN, THIS HAS BEEN BROUGHT UP BY SOME OF OUR CONSTITUENTS, SO, UH, DOES EVERYBODY HAVE A CLEAR UNDERSTANDING THAT THEY CAN GO BACK TO AND TALK TO THOSE CONSTITUENTS AND MAKE THEM FULLY AWARE OF WHAT THE SITUATION IS AND WHAT'S HAPPENING? ANY OTHER, ANY OTHER QUESTIONS THAT NEED TO BE CLARIFIED ABOUT THIS? NANCY, DID YOU SAY YES. OR MR. WEBB? OH, THANK YOU, MIRROR. UH, MY COMMENT WOULD JUST [00:25:01] BE TO JERRY, THE WAY YOU EXPLAINED IT IN YOUR RESPONSE TO US IS, UM, THE WAY WE SHOULD ALSO PRESENT IT TO THE RESIDENTS. UM, AND BY THAT IT IS NO DIFFERENT THAN FOR NONFAMILY MEMBERS, UH, RESIDING IN A HOUSE. UM, UH, I THINK JERRY'S REFERENCE WAS TO, FOR MILITARY, UH, UH, PERSONNEL RESIDING IN THE HOUSE. WE'VE BEEN DOWN THIS ROAD WITH PLANNING BEFORE AND, UH, UH, ALTHOUGH THIS CLARIFIES IT, UM, WE'VE ALWAYS COME TO THE SAME CONCLUSION ON GROUP HOMES. SO, UM, GIRAFFE, LOT CLUTTER WHERE YOU PUT IT WAS, UM, CLEAR AND PRETTY CONCISE. THANK YOU. THANK YOU, MR. WEBB. OKAY. THEN ANY OTHER QUESTIONS FROM LAST TIME WE WILL MOVE ON? OKAY. THANK YOU. SO NEXT UP IS OUR NUMBER 10. OH, I DIDN'T KNOW IF THE CITY MANAGER HAD ANYMORE ON THIS. OKAY. OKAY. HE'S GOT A COUPLE OF ITEMS. I WAS JUST COUNTING THAT AS TO, [10. Pending Business] ALRIGHT, SO NUMBER 10 IS PENDING BUSINESS. MR. ROGERS. THERE IS NONE THIS EVENING THERE. OKAY. NUMBER 11 IS OUR NEW BUSINESS AND ITEM [ A Motion To Direct The Clerk Of Council To Respond To The Ohio Division Of Liquor Control To Request A Hearing On The Advisability Of Issuing A Liquor Permit In Reference To The Transfer Of Liquor Permit #1915110 For Dandt Amusements LLC DBA As Sneaky D’s At 5478 Brandt Pike, Huber Heights, Ohio 45424 To Liquor Permit #7108800 For Kelsey Sue Puckett DBA Sinsations At 5478 Brandt Pike, Huber Heights, Ohio 45424.] 11, A MR. ROGERS, IF YOU WOULD TAKE, OKAY. UH, ITEM 11, A MOTION TO DIRECT THE CLERK OF COUNCIL TO RESPOND TO THE OHIO DIVISION OF LIQUOR CONTROL TO REQUEST A HEARING ON THE ADVISABILITY OF ISSUING A LIQUOR PERMIT IN REFERENCE TO THE TRANSFER OF LIQUOR PERMIT. NUMBER ONE NINE ONE FIVE ONE ONE ZERO FOR DAN AMUSEMENTS, LLC, DOING BUSINESS AS SNEAKY D'S AT 54 78, BRANDT PIE, HUBER HEIGHTS, OHIO FOUR FIVE FOUR TWO FOUR TWO LIQUOR PERMIT NUMBER SEVEN ONE ZERO EIGHT EIGHT ZERO ZERO FOR KELSEY SUIT POCKET, DOING BUSINESS AS SENSATIONS AT 54 78 RANT PIKE. HE WRITES OHIO FOUR FIVE, FOUR TWO FOUR. MR. ROGERS, ANY FURTHER COMMENTS? UH, JUST BASED ON THE DISCUSSION AT THE COUNCIL WORK SESSION LAST WEEK. UM, THIS IS BASICALLY A MOTION TO DIRECT ME TO RESPOND REQUESTING THE HEARING AS COUNSEL, UH, WISHED. AND, UM, WE'LL TAKE THAT ACTION IN THE MORNING IF THIS MOTION IS APPROVED TONIGHT. OKAY. THANK YOU. UH, IS THERE A MOTION, MR. MOTION TO APPROVE THE SECOND, MR. LYONS, SECOND, WE HAVE A MOTION AND A SECOND, ANY FURTHER DISCUSSION REGARDING THIS LIQUOR PERMIT, MR. SHAWL. THANK YOU. UM, UH, TONY, UM, EITHER YOURSELF OR JERRY, UM, IF COUNCIL PASSES, COULD YOU GIVE US A I KIND OF A NEXT STEPS? WHAT WE'RE GOING TO BE LOOKING AT A TIMEFRAME WISE AS WELL? WELL, THEY, UH, HAVE A 30 DAY PERIOD FROM WHEN WE RECEIVE, OR WE HAVE A 30 DAY PERIOD FROM THE TIME WHEN YOU RECEIVE IT. I THINK IT WAS OCTOBER 5TH OR 10TH. UH, IT'S COMING UP. SO, UM, I CERTIFY THAT AS TO COUNCIL'S ACTION, UM, ON THE PAPERWORK THAT'S PROVIDED AND WE'LL MAIL THAT IN THE MORNING TO THE OHIO DIVISION OF LIQUOR CONTROL. AND THEN ONCE THAT 30 DAY PERIOD IS ENDED, UH, THAT'S WHEN THEY'LL PROCEED WITH ACTION IN THIS CASE, BECAUSE WE'RE REQUESTING A HEARING, UH, THE NEXT STEP WOULD BE TO, UH, HOLD THAT HEARING. THANK YOU. THANK YOU, MR. MAYOR. ANY OTHER QUESTIONS? COMMENTS. OKAY. MR. ROGERS, MS. BAKER. YES. MR. CAMPBELL. YES. MRS. BERG. YES. MR. OTTO. YES. MR. LYONS? YES. MR. HILL. YES. MR. WEBB. YES. MR. SHAW. YEAH, MOTION CARRIES EIGHT ZERO. NEXT [ A Motion To Appoint Jim Ellis, Jonathan Fannin, Joseph Hendrix, Brian Kitchen, And Jerry Wamsley To The Ordinance Review Commission To A Term Expiring June 30, 2021.] UP IS ITEM 11, B ITEM 11, B A MOTION TO APPOINT JIM ELLIS, JONATHAN FANON, JOSEPH HENDRICKS, BRIAN KITCHEN, AND JERRY WAMSLEY TO THE ORDINANCE REVIEW COMMISSION FOR A TERM EXPIRING JUNE 30TH OF 2021. ANY FURTHER COMMENTS? UH, THIS IS THE FIVE CITIZEN APPOINTMENTS TO THE ORDINANCE REVIEW COMMISSION. UH, THE TWO COUNCIL APPOINTMENTS HAVE ALREADY BEEN MADE. UH, WE'RE ASKING COUNCIL TO, UH, ACT ON THIS APPOINTMENT TONIGHT BY EMOTION AND GET THESE PEOPLE IN ALL OF THE BACKGROUND CHECKS WERE RETURNED AND CLEARED. UH, SO, UH, ONCE WE HAVE THESE PEOPLE IN PLACE, WE'LL BE ABLE TO SCHEDULE OUR FIRST MEETING OF THE ORDINANCE REVIEW COMMISSION. THANK YOU, MR. ROGERS. THAT WAS THE WORK SESSION RECOMMENDATIONS OR A MOTION MR. CAMPBELL. SO MOVE OF A SECOND. THAT'S YOUR SECOND MOTION AND A SECOND EARLIER, ANY DISCUSSION ON THESE CANDIDATES, MR. ROGERS, MR. CAMPBELL? YES. MRS. BERG. YES. MR. OTTO. YES. MR. LYONS. YES. MR. HILL. YES. MR. WEBB. YES. MR. SHAWL. YES. MRS. BAKER. YES. MOTION ALSO CARRIES EIGHT ZERO. AND NEXT ON THE AGENDA IS ITEM NUMBER 11 [ An Ordinance Approving The Editing And Inclusion Of Certain Ordinances And/Or Resolutions As Parts Of The Various Component Codes Of The City Code Of Huber Heights, Ohio; Providing For The Adoption And Publication Of New Matter In The Updated And Revised City Code As Supplement 5; And Repealing Ordinances And Resolutions In Conflict Therewith. (first reading)] [00:30:01] SEATS, ITEM 11, SEE AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AND OR RESOLUTIONS AS PART OF THE VARIOUS COMPONENT CODES OF THE CITY CODE OF HUMAN RIGHTS, OHIO PROVIDING FOR THE ADOPTION AND PUBLICATION OF NEW MATTER. AND THE UPDATED AND REVISED CITY CODE IS SUPPLEMENT FIVE AND REPEALING ORDINANCES AND RESOLUTIONS AND CONFLICT THERE WITH, AT THE FIRST READING. OKAY. AND MR. ROGERS COMMENTS, THIS IS A STANDARD ORDINANCE TO ADOPT, UH, THE DIFFERENT ITEMS TO THE CITY CAR. THE COUNCIL HAS PASSED FOR THE PERIOD COVERED IN SUPPLEMENT FIVE. UM, THIS IS AN ORDINANCE AND THERE IS A REQUIREMENT AND THE CITY CHARTER THAT WE ADVERTISE IN A NEWSPAPER GENERAL CIRCULATION ABOUT THIS UPDATE TO THE CITY CODE, UH, THAT HAS BEEN ACCOMPLISHED. UM, HOWEVER, THIS ORDINANCE CAN BE PUSHED TO A SECOND READING, UH, PRIOR TO ADOPTION. OKAY. THANK YOU, MR. ROGERS. AND THAT THE WORK SESSION, IT WAS RECOMMENDED THAT WE MOVE THIS ONTO A SECOND READING ANY OBJECTIONS. IT SEEMED OBJECTIONS WITH THIS ONTO ITS SECOND READING OF THE NEXT COUNCIL MEETING AS THOUGH NEXT ON THE AGENDA WOULD BE ITEM 11 D OKAY. I'M [ A Resolution Directing The Mayor To Execute A Letter On Behalf Of The City And City Council To The Ohio General Assembly Regarding Additional CARES Act Funding. (first reading)] 11 D RESOLUTION DIRECTING THE MAYOR TO EXECUTE A LETTER ON BEHALF OF THE CITY AND CITY COUNCIL TO THE OHIO GENERAL ASSEMBLY REGARDING ADDITIONAL CARE ZACK FUNDING AT THE FIRST READING AND MR. ROGERS, UH, ALSO COMMENTS, UH, THIS WAS DISCUSSED AT THE SUGGESTION OF MR. SHAW AT THE COUNCIL WORK SESSION, UH, TO DRAFT THIS LETTER. UH, THIS IS THE LEGISLATION THAT WAS PREPARED BY THE LAW DIRECTOR TO, UH, UH, MAKE THAT HAPPEN THROUGH DIRECTION TO THE MAYOR TO PREPARE SUCH A LETTER. OKAY. THANK YOU, MR. ROGERS, AND AT THE WORK SESSION THAT WAS RECOMMENDED, IS THERE A MOTION TO SEE MR. SHAW MOTION TO APPROVE? IS THERE A SECOND, MR. CAMPBELL, SECOND FOR MOTION AND A SECOND. ANY DISCUSSION ON THIS? UH, YES. MR. SHOW. THANK YOU. UM, YOUR DISCUSSION AT THE LAST WORK SESSION, I'M SURE MANY OF YOU BEEN AWARE OF FOR IMMEDIATE RELEASE ON SEPTEMBER 23RD, UM, AND, UH, MR. CITY MANAGER OF, AND CORRECT ME IF I'M WRONG. THE CITY HERE BRIDES IS LOOKING AT AN ADDITIONAL $1.3 MILLION, ROUGHLY IN A DIFFERENT, AN ADDITIONAL CARE ACT FUNDING. UM, THE LETTER THAT, UH, IS BEING DIRECTED ON BEHALF OF, OR, UH, ON BEHALF OF COUNCIL BY THE MAYOR, UM, WILL BE FOR THE FUNDS THAT WILL BE RETURNED, UH, TO THE STATE, UM, THAT ARE NOT USED BY CERTAIN MUNICIPALITIES AND ANY ADDITIONAL FUNDS THAT MAY COME IN THERE THEREAFTER, UH, GIVING, UH, HEBREW HEIGHTS AN OPPORTUNITY TO, UH, YOU KNOW, ACCRUE THOSE ADDITIONAL DOLLARS. SO IF THEY COME IN, UM, AND IF THE CITY MANAGER HAS ANYTHING NOT ON THAT, BUT, UH, I, I DID, UH, WANT TO, UH, I THINK OUR STATE REPRESENTATIVE PHIL PLUMBER FOR ACTING ON OUR BEHALF, UH, UM, AT THE STATE HOUSE, SEEING THOSE ADDITIONAL DOLLARS COMING FOR SEVERAL COMMUNITIES IN THIS DISTRICT. THANK YOU. YES. ANY ADDITIONAL COMMENTS? YEAH. SO AGAIN, WITH REPRESENTATIVE PLUMBER'S RELEASE LAST WEEK, UM, AND, UH, AND GIVING THE ESTIMATE AMOUNTS, UH, WE HAVE CONFIRMED THE AMOUNTS THROUGH MONTGOMERY COUNTY WILL BE 1 MILLION, 330, $8,079 THROUGH MIAMI COUNTY. THE ALLOCATION WILL BE 36,829. UH, AND THE AMOUNTS OF THE THIRD ALLOCATION, UH, ARE NOT BASED ON LOCAL GOVERNMENT FUND DISTRIBUTION, LIKE THE FIRST TWO. SO THE PERCENTAGES ARE A LITTLE BIT DIFFERENT, UH, BUT IF THOSE NEW ANNOUNCED OUR APP, YOU KNOW, AUDITED INCORRECT THROUGH THE COUNTY AUDITOR'S, UH, WHICH WE ASSUME THAT IT WILL BE OUR TOTAL ALLOTMENT FOR CARES ACT, UH, TO DATE IS 2 MILLION, $210,533. SO THAT, UM, THERE'LL BE A SMALL AMOUNT OF INTEREST ON TOP OF THAT. UM, BUT VERY NEGLIGIBLE. OKAY. SO THAT MUST'VE BEEN WHAT THE, SO IN THE, IN THE NEWSPAPER RELEASE, IT TALKED ABOUT PART. SO IS THAT THE DIFFERENCE OF THE PART, BECAUSE WE ARE HUMAN RIGHTS AND MIAMI COUNTY THERE'S TWO SECTIONS WAS THAT IT MAY BE HOW THAT WAS. IT COULD, IT COULD HAVE BEEN THAT. YES. UM, AND AGAIN, THAT WORD PART CAUSED A LITTLE BIT OF CONFUSION CAUSE THE DISTRIBUTIONS ARE SENT THROUGH THE COUNTIES. SO THAT WOULD MAKE SENSE. OKAY. ANY OTHER QUESTIONS OR COMMENTS REGARDING THIS? OKAY, THANK YOU. OH, NO, WE NEED TO, YEAH. SO, UH, WE'VE GOT OUR MOTIONS. I GOT DISCUSSION. SO ANY OTHER DISCUSSION SEEING NONE, MR. ROGERS, DO YOU CALL IT REAL PLEASE? MRS. BURSCH MR. OTTO. YES. MR. LYONS. YES. MR. HILL. YES. MR. WEBB. YES. MR. SHAW. YES. MS. BAKER. YES. MR. CAMPBELL. YES. AND MOTION CARRIES EIGHT. AND NEXT UP IS ITEM 11, [ A Resolution Declaring Certain Expenditures Of The City Of Huber Heights, Ohio As Necessary Due To The Public Health Emergency With Respect To The Covid-19 Pandemic In Compliance With The Provisions Of Section 5001 Of The Federal Coronavirus Aid, Relief, And Economic Security Act (“CARES Act”). (first reading)] EIGHT ITEM 11 E A RESOLUTION DECLARING CERTAIN EXPENDITURES OF THE CITY OF HUMAN RIGHTS, OHIO AS NECESSARY DUE TO THE PUBLIC HEALTH EMERGENCY EMERGENCY WITH RESPECT TO THE COVID-19 PANDEMIC AND COMPLIANCE WITH THE PROVISIONS OF SECTION FIVE, ZERO, ZERO, ONE OF THE FEDERAL CORONAVIRUS AID RELIEF AND ECONOMIC SECURITY ACT CARES ACT AT THE FIRST READING. AND FOR SURE, [00:35:01] MY COMMENTS HERE, YES. SINCE WE BROUGHT UP AND DISCUSSED IN THE WORK SESSION, YOU SEE THE EXHIBIT A OR ATTACHMENT TO IT, WHICH LISTS OUT THOSE, UM, THOSE EXPENDITURES, UH, MUCH OF WHICH WOULD INCLUDE, UM, UH, RECOUPMENT OF PERSONNEL EXPENSES FOR EMS. AND, UM, THE RESOLUTION IS KIND OF PART OF THE PROCESS FOR THOSE FIRST TWO ALLOTMENTS. AND WE ASKED HER TO CONSIDER THIS EVENING TO BE ADOPTED SO THAT OUR FINANCE DEPARTMENT CAN CONTINUE ON GETTING THAT FILED AND SUBMITTED TO, TO THE STATE. THANK YOU, SIR. THAT WAS THE RECOMMENDATION OF THE WORK SESSION. IS THERE A MOTION JUST RATO MOTION TO ADOPT FOR A SECOND, MR. CAMPBELL, SECOND MOTION. AND SECOND, ANY DISCUSSION ON THIS ITEM, MR. ROGERS, MR. OTTO? YES. MR. LYONS, MR. HILL. YES. MR. WEBB. YES. MR. SHAW. YES. MS. BAKER. YES. MR. CAMPBELL. YES. MRS. BERG. YES. MOTION CARRIES EIGHT ZERO. AND NEXT UP IS ITEM 11, [ An Ordinance Authorizing Transfers Between Various Funds Of The City Of Huber Heights, Ohio And Amending Ordinance No. 2019-O-2403 By Making Supplemental Appropriations For Expenses Of The City Of Huber Heights, Ohio For The Period Beginning January 1, 2020 And Ending December 31, 2020. (first reading)] ITEM 11 HALF AN ORDINANCE AUTHORIZING TRANSFERS BETWEEN VARIOUS FUNDS OF THE CITY OF NEW BRIGHTS, OHIO AND AMENDING ORDINANCE NUMBER TWO ZERO ONE NINE DASH OH DASH TWO FOUR ZERO THREE, BY MAKING SUPPLEMENTAL APPROPRIATIONS FOR EXPENSES OF THE CITY OF HUMAN RIGHTS, OHIO FOR THE PERIOD BEGINNING JANUARY 1ST, 2020, AND ENDING DECEMBER 31ST, 2020 AT THE FIRST READING. MR. SHAWN. YEAH, THE SUPPLEMENTAL IS MERELY AN ADJUSTMENT BASED ON THE PREVIOUS DISCUSSION OF THE CARES ACT, UH, DISTRIBUTIONS. AND IT IS $71,629, UH, FROM THE, UM, OPERATIONS OF CAPITAL DOLLARS TO BE MOVED TO PERSONNEL AND THE FIRE FUND. AND THE RECOMMENDATION THAT THE WORK SESSION WAS TO WAIVE THE SECOND READING AND ADOPT THIS ITEM THIS EVENING. IS THERE A MOTION TO WAIVE THAT SECOND RE MR. SHAW MOTION TO WAIVE FOR A SECOND? SECOND? IT WAS THE BAKER SECONDS. AND YOUR DISCUSSION ON WAIVING THE SECOND READING, MR. ROGERS, MR. LYONS. YES. MR. HILL. YES. MR. WEBB. YES. MR. SHAW, MS. BAKER. YES. MR. CAMPBELL. YES. MRS. BERG. YES. MR. OTTO. YES. AND MOST OF THE WAVE CARRIES EIGHT ZERO AND NEXT. UH, I'D ENTERTAIN A MOTION FOR THAT. SO MOVED SECOND. THAT'S RIGHT. SECOND, EMOTIONALLY, SECOND ON ADOPTION. AND IN DISCUSSION, MR. ROGERS, MR. HILL. YES. MR. WEBB. YES. MR. SHAW. YES. MS. BAKER. YES. MR. CAMPBELL. YES. MRS. SPURS, MR. OTTO. YES. MR. LYONS. YES. AND ADOPTION ALSO CARRIES EIGHT ZERO. AND NEXT UP IS ITEM 11, [ A Resolution Authorizing The City Manager To Submit An Application For Ohio Environmental Protection Agency (Ohio EPA) Funds Through The Miami Valley Regional Planning Commission (MVRPC) And Directly For Level 2 Electric Vehicle (EV) Charging Stations At Thomas A. Cloud Park And The Rose Music Center At The Heights. (first reading)] G ITEM 11, G A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR OHIO ENVIRONMENTAL PROTECTION AGENCY, OHIO EPA FUNDS THROUGH THE MIAMI VALLEY, REGIONAL PLANNING COMMISSION MCRPC AND DIRECTLY FOR LEVEL TWO ELECTRIC VEHICLE EVIE CHARGING STATIONS AT THOMAS, A CLOUD PARK AND THE ROSE MUSIC CENTER AT THE HEIGHTS AT THE FIRST READING. MR. SHOWMAN. YES. AS THE TITLE STATES, THIS RESOLUTION IS BASICALLY OUR COMMITMENT, A LETTER OF COMMITMENT AND AUTHORIZATION TO, UH, APPLY FOR THE GRANT. AS YOU KNOW, MCRPC HAS, UM, ALSO APPLICATION THAT WE ARE PART OF, BUT WE WANTED TO RUN ONE CONCURRENT AS WELL TO HOPEFULLY DOUBLE THE OPPORTUNITY. AND THAT'S WHAT THIS RESOLUTION DOES. SO WE ASK IT'S CONSIDERED TONIGHT FOR ADOPTION. THANK YOU, SIR. THAT WAS THE RECOMMENDATION OF THE WORK SESSION. IS THERE. OKAY. SO THEN NANCY, TAKE US AS A SECOND. YEP. OKAY. WE HAVE A MOTION A SECOND. MR. SHAW. THANK YOU, MR. MAYOR AT THE WORK SESSION. UM, IT WAS, UH, WITHOUT OBJECTION, UM, PROVIDING ME THE OPPORTUNITY TO WORK WITH OUR ASSISTANT CITY MANAGER REGARDING THE, UM, UH, THE PLUGSHARE APP. UM, I WOULD LIKE TO UPDATE COUNSEL THAT I'VE BEEN IN CONTACT WITH THREE OF THE, UM, COUNTRY'S LARGEST, UM, UH, ELECTRIC VEHICLE PLUGSHARE PRODUCERS. AND I WILL BE SENDING THAT CONTACT INFORMATION OVER TO OUR ASSISTANT CITY MANAGER BY END OF WEEK TO HOPEFULLY PUT US ON THE FAST TRACK OF, UH, PUTTING THOSE AS DESTINATIONS. THANK YOU, SIR. THANK YOU. ANY OTHER DISCUSSION? CAN THEY TIMELY WITH THE, UH, UM, ANNOUNCEMENT AND DISCUSSION TODAY AND THE REVEALING OF THE ELECTRIC VEHICLE FROM LORDSTOWN? YES. THAT, UH, THE PRESIDENT CONGRATULATED HIM, RIGHT? NO, THE DISCUSSION MR. ROGERS CALDWELL PLEASE. MR. WEBB. [00:40:03] YES. MR. SHAW. YES. MS. BAKER. YES. MR. CAMPBELL. YES. THIS IS BERT. YES. MR. OTTO. YES. MR. LYONS. YES. MR. HILL. YES. MOTION CARRIES EIGHT ZERO. NEXT UP ITEM, 11 [ A Resolution Allowing The City Manager To Award The Bid Offering For The Purchase Of Self-Contained Breathing Apparatus (SCBA) Compressor And Fill Station To Breathing Air Systems. (first reading)] H ITEM ALIVE AND H A RESOLUTION ALLOWING THE CITY MANAGER TO AWARD THE BID OFFERING FOR THE PURCHASE OF SELF CONTAINED BREATHING APPARATUS, SCBA COMPRESSOR, AND FILL STATION TWO BREATHING AIR SYSTEMS AT THE FIRST READING. MR. SCHOMER. YES. THANK YOU. AS DISCUSSED IN THE WORK SESSION, THIS WAS A CAPITAL ITEM FOR THIS YEAR'S BUDGET. WE DID GO OUT TO BID AND THE LOWEST AND BECKA WAS IDENTIFIED IN THAT AS PRESENTED BY THE FIRE CHIEF. SO THIS RESOLUTION ALLOWS THE AWARDING OF THAT BID. WE ASK IT'S CONSIDERED TONIGHT FOR ADOPTION SO WE CAN MOVE FORWARD WITH THIS PROJECT. THANK YOU, SIR. THAT WAS THE RECOMMENDATION. IS THERE A MOTION MR. LINES MOVE TO ADOPT SECOND, MR. CAMPBELL. SECOND EMOTIONAL SECOND DISCUSSION. MR. SHELDON, MR. MAYOR, I THINK WE HAD A COUNCIL WOULD BE REMISS TO NOT ONLY AGAIN, RECOGNIZE A BATTALION CHIEF KNISELY, HIS AMAZING WORK WITHIN THE FIRE DEPARTMENT ON SOME OF THE GRANT OPPORTUNITIES. UM, I THINK THERE WAS AN A DOLLAR AMOUNT THAT WAS PROVIDED BY CHIEF ASHWORTH. I JUST RECENTLY, UH, I'M GOING TO PARAPHRASE SEVERAL MILLIONS OF DOLLARS IN SAVINGS, UH, UM, UH, HATS OFF TO HIM. I THINK THAT NEEDS TO BE CONGRATULATED AND AWARDED. UM, THAT IS A, UM, UH, A BEACON AND WHAT THE, OUR REGION CAN LEARN FROM A BATTALION CHIEF. THANK YOU, MICHELLE. I AGREE. AND THAT, THAT ACTUALLY, UH, ON THIS GRANT IS ACTUALLY GOING TO BE THE NEXT ITEM ON OUR AGENDA. SO THAT IS, UH, DEFINITELY A GOOD THING. ANY OTHER DISCUSSION ON THIS ITEM, MR. ROGERS, MR. SHAW? YES. MS. BAKER. YES. MR. CAMPBELL. YES. MRS. BERG. YES. MR. OTTO. YES. MR. LYONS. YES. MR. HILL. YES. MR. WEBB. YES. MOTION CARRIES EIGHT ZERO. AND NEXT [ A Resolution Authorizing The City Manager To Accept A Grant, Under Certain Terms And Conditions, In The Amount Not To Exceed $220,928.32 From The U.S. Department Of Homeland Security Assistance To Firefighters Grant (AFG). (first reading)] UP IS ITEM NUMBER 11, MR. ROGER ITEM 11. I, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT UNDER CERTAIN TERMS AND CONDITIONS AND THE AMOUNT NOT TO EXCEED $220,928 AND 32 CENTS FROM THE US DEPARTMENT OF HOMELAND SECURITY ASSISTANCE TO FIREFIGHTERS GRANT. AFG AT THE FIRST READING. AND MR. SCHUMER IS, THIS WAS A GRANT APPLIED FOR, UM, UH, FOR, THROUGH THE FIRE DIVISION FOR POWER ASSISTED COTS. UH, IT IS A SAFER BOTH FOR THE PATIENT AND FOR THE FIREFIGHTERS, UH, WITH THE, UM, MECHANISMS AND THE SAFETY OF THE COTS BEING EVER, UH, YOU KNOW, RE-ENGINEERED AND, UM, AND DESIGN. SO THIS IS A GREAT OPPORTUNITY TO HAVE THE LATEST AND GREATEST AND BEST, UH, PIECE OF EQUIPMENT FOR THE SAFETY OF OUR PERSONNEL AND OF OUR, OF OUR PATIENTS. AND AGAIN, AS MENTIONED A GREAT OPPORTUNITY TO MAKE USE OF THE FIREFIGHTERS GRANT THAT WE HAVE BEEN VERY SUCCESSFUL IN GETTING THANKS TO, UH, THANKS TO OUR FIRE ADMINISTRATION AND CERTAINLY TO ATTACH HIM NICELY FOR, UH, FOR HIS EFFORTS AS WELL. SO WE ASKED A RESOLUTION CONSIDERED TONIGHT FOR ADOPTION. I MOVED TO A DOUBT MRS. VIRGIN MOTIONS THERE A SECOND, SECOND, MR. WEBB SECONDS. ANY DISCUSSION? OKAY. I WOULD JUST LIKE TO ADD YES. ONTO WHAT MR. SHAW HAD SAID. AND OUR CITY MANAGER HAD SAID, CERTAINLY WE'VE GOT SOME PHENOMENAL WORK HAPPENING IN THE FIRE DEPARTMENT. UH, THE AMOUNT OF GRANT MONEY THAT WE'VE RECEIVED BASED ON THEIR WORK HAS BEEN PRETTY INCREDIBLE OVER THE YEARS. AND AGAIN, UH, AS WAS MENTIONED BY CHIEF ASHWORTH AT THE WORK SESSION WAS CERTAINLY EXCEEDED OVER A COUPLE MILLION DOLLARS OF GRANT MONEY WE'VE RECEIVED. SO CONGRATULATIONS. YES. TO ALL OF THEM. UH, ANY OTHER DISCUSSION OR COMMENTS? YEAH. YEAH. EVEN INTERESTING TO KNOW HOW MUCH, UM, HOW MUCH MONEY AND GRANT AND, UH, FIRE DEPARTMENT HAS SAVED US DURING, UM, KEEP ASHWORTH. IT HAS BEEN A FORTUNE. I HAD NO DOUBT, PROBABLY A BILLION DOLLARS, IF NOT MORE. YEAH. SO WHEN, UH, CHIEF ASHWORTH WAS HERE AND OUR WORK SESSION, UH, MR. CHARLOTTE INQUIRED ABOUT THAT AS WELL. AND I THINK THE, I DON'T KNOW IF THE CHIEF GAVE OVER HIS ENTIRE TENURE, BUT CERTAINLY I THINK IN THE LAST COUPLE OF YEARS YOU MENTIONED, UM, WELL, I'LL SAY THE LAST FEW YEARS IT'S CERTAINLY BEEN OVER OR OVER A COUPLE MILLION DOLLARS. THE LARGEST ONE DID, IT WAS, THE GRANDMAS WERE HALF A MILLION FOR LOU FOR THE LADDER TRUCK. WAS THAT SOMETHING LIKE HALF A MILLION DOLLARS? SO JUST THOSE TWO ITEMS IS OVER SEVEN CLOSE TO THREE QUARTERS OF A MILLION JUST IN THESE TWO ITEMS. SO A GREAT WORK HAPPENING IN THE FIRE DEPARTMENT. ABSOLUTELY, ABSOLUTELY. YEAH. WORKING FOR, UH, FOR OUR RESIDENTS AND [00:45:01] SAVING THEM MONEY. OKAY. SO I THINK WE ARE NOW AT THE ROLL CALL, CORRECT? THAT'S CORRECT. ALRIGHT. IF YOU WOULDN'T MR. ROGERS, MS. BAKER. YES. MR. CAMPBELL. YES. MRS. BERG. YES. MR. OTTO. YES. MR. LYONS. YES. MR. HILL. YES. MR. WEBB. YES. MR. SHAW. YES. MOTION CARRIES EIGHT ZERO. AND NEXT UP IS ITEM 11, [ A Resolution Authorizing The City Manager To Enter Into A Contract To Procure And Install Touchless Fixtures Within City Buildings And Facilities. (first reading)] J ITEM 11, J A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT TO PROCURE AND INSTALL TOUCHLESS FIXTURES WITHIN CITY BUILDINGS AND FACILITIES. THE FIRST READING MR. CHAIRMAN. YES. THIS WAS ONE OF THE PROJECTS IDENTIFY TO HELP STRENGTHEN THE SANITATION AND REDUCTION OF THE SPREAD OF GERMS IN OUR PUBLIC FACILITIES, UH, UTILIZING SOME OF THAT CARES ACT MONEY. AND, UH, WE WENT TO BID FOR THE INSTALLATION OF THESE TOUCHLESS FIXTURES FOR ALL OF THE FACILITIES OF THE CITY. AND WE WOULD LIKE TO AWARD THAT BID THROUGH THE ADOPTION OF THE RESOLUTION IF, IF IT WOULD BE CONSIDERED SAVING. THANK YOU, MR. SCHIRMER. AND THAT WAS THE WORK SESSION RECOMMENDATION WAS ADOPTIONS OR EMOTION SERRATO MOVE TO ADOPT FOR A SECOND. MR. LIONS DO EMOTIONALLY AND A SECOND. ARE THERE ANY DISCUSSION ON THE TOUCHLESS FIXTURES, MR. ROGERS, MR. CAMPBELL? YES. MRS. BERG. YES. MR. OTTO. YES. MR. LYONS? YES. MR. HILL. YES. MR. WEBB? YES. MR. SHAWL? YES. MS. BAKER. YES. MOTION CARRIES EIGHT ZERO. AND NEXT UP IS [ A Resolution Directing The City Manager To Discontinue Operations At The Needmore Road Water Plant. (first reading)] ITEM 11. YES, SIR. ROGERS ITEM 11, K A RESOLUTION DIRECTING THE CITY MANAGER TO DISCONTINUE OPERATIONS AT THE NEED MORE ROAD WATER PLANT AT THE FIRST READING. MR. SCHOMER. YES. UH, UNFORTUNATELY, UM, BASED ON, UH, WHAT WE PERCEIVED COULD BE A SCENARIO WITH THE EPA. UH, WE HAVE TODAY RECEIVED NOTICE OF VIOLATION, UH, FOR SIGNIFICANT DEFICIENCY. UH, IT IS NOT A FINABLE VIOLATION. UM, QUITE FRANKLY, I THINK IT'S BOGUS AND WE'LL CERTAINLY CHALLENGE IT BECAUSE THE OTHER REASON THAT THEY KNOW ABOUT IS BECAUSE WE NOTIFIED THEM, UH, THAT WE ARE PLANNING ON EITHER FIXING OR REMOVING THIS, UH, THIS PIECE OF, UH, UM, UH, PIECE OF EQUIPMENT. UH, BUT THEY SAID, WELL, SINCE WE KNOW WE'VE GOT TO PUT GENDER VIOLATIONS, SO WE ARE, UH, NONETHELESS, THE CONCERNING PART OF IT IS, AND IT'S NOT THAT WE FULLY EXPECTED THAT. UM, BUT THE CONCERNING PART IS, IS WHAT THEIR REQUIREMENTS WOULD BE. SHOULD WE REPAIR THE FACILITY? UH, THEY WILL REQUIRE THAT IT IS FULLY UP AND OPERATIONAL TO ITS MAX CAPACITY FOUR AND A HALF MILLION GALLONS, WHICH WOULD BE A COMPLETE REBUILD OF THAT PLANT, NOT JUST RISK DEFYING UP TO WHERE IT WAS, SO THAT IN MY OPINION, EVEN FURTHER SUPPORTS OUR, UH, INDICATION AND STUDY AND RECOMMENDATION BACK LAST YEAR TO, UH, TO REMOVE THIS PLANT AND PLACE IT OUT OF SERVICE. SO WE DO ASK THAT THIS RESOLUTION IS CONSIDERED THIS EVENING SO THAT WE CAN IMMEDIATELY GIVE NOTICE TO THE EPA OF WHAT OUR PLAN OF ACTION IS. THEY'RE GOING TO REQUIRE SOME INTERMEDIATE STEPS TO SHOW A PHYSICAL DISCONNECTION, UH, ET CETERA. AND THAT WILL ALLOW US TO BEGIN TO SEE WHAT NEEDS TO BE DONE FOR THAT WORK, UH, SO THAT WE CAN, UM, DISCONNECT IT AND SET IT ASIDE UNTIL WE'RE READY TO DO THE, UH, THE DEMO AND REMOVAL. UH, WE'LL HAVE TO DO SOME WORK WITH THE WELLHEADS AND THINGS LIKE THAT TO MAKE SURE TO, UH, TO KEEP THOSE SAFE, UH, TO PROTECT THE GROUNDWATER, WHICH IS OF ARE OF MOST IMPORTANCE AND CONCERN AS WELL. SO, UM, WITH THAT, JERRY, UNLESS YOU HAD ANYTHING REGARDING THIS NOTICE, I, I KNOW WE'LL PROBABLY HAVE A RESPONSE, BUT OUR RESPONSE IS GOING TO BE, HEY, IT ACTUALLY IS. I FINABLE. IF THEY WANT TO FIND US, OH, THEY TOLD US TODAY THAT IT WAS NOT, BUT MAYBE YOU GOT DIFFERENT INFORMATION ABOUT DEPENDS. IF YOU GOT LETTER ONE, TWO OR THREE. OH, I PROBABLY JUST LOOKING AT THE FIRST ONE, BECAUSE THIS ONE SAYS, PLEASE NOTE THE SUBMISSION, BLAH, BLAH, BLAH, DOES NOT CONSTITUTE A WAIVER OF OHIO. EPA HAS AUTHORITY TO SEEK ADMINISTRATIVE OR CIVIL PENALTIES. THOSE BEING A THOUSAND DOLLARS PER DAY IS A CRIMINAL AND 25,000 VIOLATION IS THE CIVIL RIGHT? TELL YOU THAT WE NOTIFIED THEM TO LET THEM KNOW WHAT OUR PLAN OF ACTION WAS TO DISCONTINUE A PLANT. AND THEY TURNED AROUND AND SAID, OH, HEY, WELL SENT YOU NOTIFIED US. WE'RE GOING TO GO AHEAD AND PUT YOU IN VIOLATION AND POSSIBLY FIND YOU THE SITUATION WHERE THE PROCESS IS EXACTLY THAT I'M IN BECAUSE A VIOLATION IS A VIOLATION. IF YOU'RE, IF WE FIND IT, YOU KNOW, THEY NEED TO KNOW WHAT OUR ACTION IS. AND AS I INDICATED, UM, A WEEK OR SO AGO, OUR INACTION IS REALLY WHAT'S GOING TO CAUSE US A PROBLEM. SO, YOU KNOW, THAT IS, THAT IS CERTAINLY WHAT THEY'RE WANTING TO SEE IS WHAT ARE YOU GOING TO DO? AND AS SOON AS WE CAN PROVIDE A GOOD PLAN, [00:50:01] UH, THEN YOU KNOW, I THINK THAT THESE COMPLIANCE MEASURES, UH, YOU KNOW, GO AWAY, I WILL SAY THAT WE'VE GOT A GOOD RELATIONSHIP WITH THE LOCAL OFFICE. THE LOCAL OFFICE WAS NOT INTERESTED IN THIS, THIS CAME FROM HIGHER UP, UH, IN DOWN TO THEM. SO, UH, I I'M SURE THAT THEY WILL WORK WITH US TO MAKE SURE, UH, THAT THEY SUPPORT OUR EFFORTS. OKAY. THANK YOU. AND THE WORK SESSION RECOMMENDATION WAS TO ADOPT THIS ITEM THIS EVENING. IS THERE A MOTION MR. LYONS MOVED TO ADOPT? WAS THERE A SECOND, MS. BAKER MOTION ON THE SECOND. IS THERE ANY OTHER DISCUSSION ON THIS RESOLUTION TO DISCONTINUE OPERATIONS OF WATER PLANT MR. SHAWL, OR MS. OTTO? UH, JUST A COUPLE OF QUICK QUESTIONS. UM, ROBIN, IF YOU DON'T KNOW OFF THE TOP OF YOUR THAT'S FINE. UM, BUT, UH, I ASSUME WE WOULD HAVE TO CAP THE WELLS OBVIOUSLY, UM, TO PROTECT THE WELLS. UH, WOULD WE BE REQUIRED TO PHYSICALLY REMOVE THE PLANT ITSELF AND ALL OPERATIONS BUILDINGS AND EVERYTHING THERE, OR WOULD IT BE MORE OF A MOTHBALLING SITUATION WHERE DOWN THE ROAD, IF IT WAS DECIDED TO REACTIVATE THAT PLAN FOR WHATEVER REASON AND DO THE UPGRADES AND WHATEVER THAT COSTS WOULD BE, AND I'M NOT GOING TO ASK YOU, THAT'S THE PART I'M NOT GOING TO ASK ABOUT THAT? HOW DOES THAT WORK? IS I, OR IS THIS JUST, WE GOTTA RIP IT ALL OUT. IT'S NOT A MATTER OF THAT. WE HAVE TO, AND THE ANSWER TO THAT WOULD PROBABLY BE YES, THERE'S, UM, UH, THE SYSTEMS THAT ARE USED IN A LOT OF THE HYDRAULIC TANKS AND VALVES THAT ARE IN THERE ARE OF GREAT CONCERN, UH, AND YOU KNOW, THE SEEPAGE OF THAT. SO ALL OF THAT WOULD NEED TO GO, UH, THE TECHNOLOGY OF THE PLANT JUST WOULD NOT COME UP LIKELY TO THE STANDARDS THAT WILL BE REQUIRED TO BRING THAT PLANT ONLINE. THAT IS OUR ESTIMATE. THAT WAS WHAT WAS FOUND IN THE, UH, IN REVIEW AND THE STUDY OF IT. AND IF WE WERE TO EVER DECIDE TO HAVE A SECONDARY PLANT, MORE THAN LIKELY, IT WOULD BE ALMOST A GROUND UP, EVEN UTILIZING THAT ONE, UH, EVEN THE SYSTEMS THEMSELVES ARE ANTIQUATED. THEY STILL USE POWDERED CHLORINE, THINGS LIKE THAT, THAT JUST, ISN'T JUST, IT'S, IT'S TRULY ANTIQUATED. AND, UM, YOU KNOW, WE WOULD NEED, WE WILL NEED TO SEVER IT FROM THE SYSTEM. AND IT WOULD BASICALLY BE A PILE OF EQUIPMENT THAT WILL BE SEPARATE FROM THE WELLS AND SEPARATE FROM THE WATER SYSTEM. SO TO RECONNECT, THAT WOULD BASICALLY BE A REBUILD. SO, UH, IT CERTAINLY IS THE INTENTION TO, YOU KNOW, PHYSICALLY REMOVE THE FUTURE HAZARDS, UH, UH, OF THE ENVIRONMENTAL, ESPECIALLY WITH IT BEING DIRECTLY OVER A WELL FIELD AND, UM, UH, MAKE SURE THAT THERE IS NO, UM, YOU KNOW, NO, NO ISSUES WITH ANYTHING REMAINING. IS THERE A NEED FOR SALVAGE BACK WHEN PART, UH, IT'S UNLIKELY. UH, WE TALKED ABOUT THAT IN THE, UM, ACTUALLY IN THE, UH, UH, SOME OF THE RECRUITMENT IN THE ACADIA STUDY, UH, THE PUMPS AND THE SYSTEMS THAT ARE USED AGAIN ARE FROM THE FIFTIES AND SIXTIES. AND UNLESS THERE IS SOMEBODY OUT THERE STILL UTILIZING THAT TYPE OF EQUIPMENT, UM, IT REALLY WOULDN'T HAVE MUCH VALUE. WE HAVE LOOKED FOR REPLACEMENT, PIZZAS AND PARTS, UH, IN OUR BANDAIDS OVER THE YEARS AND NOT AS AVAILABLE. SO THE, THE EQUIPMENT REALLY IS OUTDATED AND ANTIQUATED AND, UH, REALLY HAS MAYBE VALUE, UM, OF METAL. UM, BUT THAT WOULD PROBABLY BE PART OF A DEMO CONTRACT GO, MIKE. YEAH, YEAH, YEAH, YEAH. WE, WE W WHEN WE GO TO A DEMO, THAT'S USUALLY PART OF A DEMO QUOTE TO SEE WHAT TYPE OF EXCHANGE EITHER OFFSET OF COST OF DEMO FOR THE SCRAP, UH, AND OR THAT, SO WE'LL LOOK AT ALL THAT WHEN WE ACTUALLY GO TO SEE WHAT PHYSICALLY WILL NEED TO BE REMOVED. THANK YOU. SURE. THANK YOU. UM, I UNDERSTAND THAT A FURTHER DISCUSSION IS GOING TO BE ON THE PLAN OF ACTION AND A COST TO CAP AND, AND DEMO THE BUILDING. UM, I'M GOING TO SAFELY ASSUME THAT THAT'S GOING TO EXCEED 25, $30,000 JUST BECAUSE OF THE EPA ITEMS, THE HYDRAULIC, UH, THE CAPPING, UM, AND BECAUSE IT IS AN OLDER FACILITY, ANY TYPE OF, YOU KNOW, HAZARDOUS ITEMS IN THERE, UM, 18 MONTHS AGO, WE ROUGHLY HAD A DISCUSSION ABOUT THE ASSET ITSELF AND ANY TYPE OF VIABLE, USABLE ITEMS TO A THIRD PARTY. DID WE WRITE THAT OFF OFFICIAL? I CAN'T REMEMBER THE OUTCOME OF THAT CONVERSATION. WHEN, UH, WHEN COUNCIL DISCUSSED, WE DID A STUDY, WE CAME BACK WITH THE RECOMMENDATION COUNCIL, MOVE FORWARD WITH THE, UH, INTERCONNECT PROJECT, UH, AND THE, UH, REMOVAL OF THIS PLANT FROM BEING IN SERVICE. SO WHEN THEY, SO WHEN THAT INTERCONNECT VOTE TOOK PLACE, THAT'S WHEN WE STOPPED RESEARCHING A NEW TYPE OF END USER, A THIRD PARTY. AM I CORRECT? YES. THEY'RE KNOWING THAT THE PLANT, IT WAS MARGINALLY OPERABLE [00:55:01] AT THAT TIME. THERE JUST WAS, AGAIN, AS, AS NOTED, IT WASN'T EVEN PRODUCING WHAT IT WAS CAPABLE OF PRODUCING, JUST BECAUSE OF LIMITATIONS ON, ON THE, ON THE PUMPS, ET CETERA. SO, YEAH, IT WAS A, YOU KNOW, IF YOU, IF YOU GO BACK AND LOOK AT SOME OF THE DISCUSSION, ALL OF IT WAS PART OF, UM, YOU KNOW, DECOMMISSIONING THE NEED MORE ROAD PLANT BY ENGAGING THE INTERCONNECT. THANK YOU, MAYOR. IF I MAY, UNLESS YOU HAD A FOLLOW UP, WE'VE ONLY ALWAYS HAD THOUGHT, I REMEMBER LIKE THE NUMBER OF ABOUT 4 MILLION BUCKS ON THE DISCUSSION WE HAD BEFORE, ABOUT WHAT IT WOULD HAVE BEEN LIKE TO GET THAT PLANT OPERATIONAL BACK THEN. AND I THINK THAT LARGE OF NUMBERS, ONE OF THE WHOLE REASONS WE WERE LIKE, OKAY, YEAH, THE, THE INTERCONNECT WAS GOING TO BE MUCH, EVEN THOUGH THAT'S EXPENSIVE, IT WAS MUCH LESS THAN YOUR $4 MILLION TO REBUILD THAT PLANT. OR DO YOU EVEN GET IT IN A SITUATION WHERE IT COULD BE USED TO PIPE WATER SOMEPLACE ELSE? 4 MILLION BUCKS WAS A BIG NUMBER, BUT I COULD BE WRONG, BUT THAT'S THE NUMBER OF TANGER ON MY HEAD THAT WE TALKED ABOUT, RIGHT. DISCUSSION. AND THE OTHER PART DON'T FORGET IS THAT WE, WE REALLY DON'T WANT TO INTERMIX THE CHEMISTRY OF SOFTENED VERSUS NON SOFTENED WATER INTO THE WATER SYSTEM THAT CREATES ISSUES IN REACTIONS THAT, YOU KNOW, MAY OR MAY NOT BE KNOWN. SO THAT WAS ONE OF OUR OTHER CONCERNS THAT IF WE WERE GOING TO HAVE IT AS AN OPERATIONAL BACKUP PUMPING, YOU DO HAVE TO RUN AN EPA, WOULD REQUIRE US TO REGULARLY RUN IT AND PUMP WATER INTO THE SYSTEM TO BE TESTED AND DO TEST FROM FAUCETS AND THINGS LIKE THAT, TO MAKE SURE THAT EVERYTHING IS, IS UP AND OPERATIONAL, AND THAT WOULD REQUIRE, UH, ON A REGULAR BASIS, THE INTERMIXING. AND THAT WAS CERTAINLY NOT RECOMMENDED TO BE DONE AND WAS PART OF THE DECISION AS WELL. YEP. YEP. I REMEMBER THAT CONVERSATION WITH MR. SHAW. UH, YES. UH, QUESTION TO JERRY, UM, IS IT TOO EARLY TO SAY THAT IF COUNCIL PASSES THIS RESOLUTION TONIGHT, UH, THE EPA IS GOING TO WAVE OFF THE VIOLATION AS THE ACTION TAKEN? UM, OR AM I PUTTING YOU ON THE SPOT? UM, OR SHOULD I JUST CONTINUE TO RAIL AGAINST THE EPA? UM, WE JUST GOT THIS AROUND FOUR 45 THIS EVENING. I HAVEN'T HAD A CHANCE TO EVEN LOOK AT IT. UM, BUT WE DON'T HAVE ANY VIOLATIONS AS A CITY, TO MY KNOWLEDGE WITH THE EPA NOR DOES SUEZ. SO IT WOULD BE, UH, MOST LIKELY WE ARE GOING TO OBJECT STRENUOUSLY TO THIS BECAUSE AT NO TIME WAS THERE ANY DANGER CAUSE IT WAS ALL OFFLINE. UM, SO THE ANSWER TO YOUR QUESTION IS IT'S YES, IT'S STILL TOO EARLY, BUT WE DO PLAN ON TRYING TO GET THE WHOLE VIOLATION MATTER WAVE SO THAT WE DON'T HAVE A MARK ON HER RECORD, IF YOU WILL. THANK YOU. THAT'S ALL I HAD. MR. MAYOR. THANK YOU. ANY OTHER QUESTIONS OR DISCUSSION REGARDING THE WATER PLANT, MR. ROGERS, MRS. BERG? YES. MR. OTTO? YES. MR. LYONS? YES. MR. HILL. YES. MR. REB? YES. MR. SHAW? YES. MS. BAKER, MR. CAMPBELL. YES. AND THE MOTION CARRIES EIGHT ZERO. [12. City Official Reports and Comments] NEXT UP IS OUR NUMBER 12 CITY OFFICIAL REPORTS AND COMMENTS. DOES ANYONE HAVE ANYTHING TO SEE I'D LIKE TO ADDRESS OR GO OVER OR I CAN COMMENT. YES. THANK YOU, MR. MAYOR. UM, A COUPLE OF MEETINGS AGO. I, UM, I DO APOLOGIZE. I DON'T THINK I BROUGHT UP, UH, SOME OF OUR NEWER BUSINESSES IN THE AREA, WILD BIRDS UNLIMITED, UH, JUST, UH, HOSTED THEIR GRAND OPENING AS WELL AS REDWING SHOES, UM, OUTLET LOCATION. UM, THE WORK ON A BIG SANDY SUPERSTORE IS GOING QUICKLY. THEY'RE WAITING ON THE BUILDING PACKAGE TO, UH, START THAT PROCESS. UM, AND WE, UH, DO HAVE A COUPLE OF EXCITING ITEMS, UH, POPPING UP AT, UH, TOMORROW'S PLANNING COMMISSION MEETING, UH, LAST NIGHT. UM, I WAS ABLE TO ATTEND A, UM, OPENING OF A WONDERFUL FACILITY, UM, IN THE IMPERIAL SHOPPING CENTER CALLED WE ARE WARRIOR GIRLS, UM, UH, TARA MOREHEAD AND HER, UM, COACHES, UM, ASSIST AND COACH OVER A HUNDRED GIRLS WITHIN OUR COMMUNITY ON VARIOUS LIFE SKILLS, INCLUDING DANCING. UM, AND, UM, I GET LIFE SKILLS ITSELF, UM, TO DATE, UH, BETWEEN AN ENGAGED CITY CHURCH AND A LOT OF THE OTHER RESIDENTS. UM, THEY HAVE PROVIDED OVER $33,000 AND RESOURCES BACK TO OUR COMMUNITY. UM, AND THAT IS A COMMENDABLE AND HIGHLIGHTABLE, I WANTED TO BRING UP TONIGHT. THEY ARE AN AMAZING ORGANIZATION THAT CONTINUES TO GIVE BACK AND IT IS SEEN WITHIN OUR COMMUNITY. HI, MR. MAYOR, THAT'S ALL I HAVE. THANK YOU, MR. SHARP. TRATO YEAH, I JUST WANTED TO, UH, ONCE AGAIN, THANK OUR, UH, PARKS AND REC BOARD AND, UH, JOSH KING FOR, UH, THESE, THE SUMMER CONCERT SERIES OF THE, UH, EICHELBERGER. I KNOW YOU WERE UP THERE AND THE OTHER NIGHT AND AS WAS DON, I BELIEVE THAT WAS THE LAST ONE OF THE SEASON. UH, I, I THINK I GOT TOLD BY LIKE ONE OR TWO OF THEM MAYBE, AND IT WAS REALLY GOOD TIME, UH, GREATLY APPRECIATE. I THINK THAT WAS AN AWESOME PROGRAM. I HOPE WE SEE IT AGAIN NEXT YEAR, MAYBE EVEN MORE. SO THANK YOU GUYS. THAT WAS GREAT. ANY [01:00:01] OTHER QUESTIONS, COMMENTS, UH, FROM ANYONE THAT COMES TO GUESTS, MR. LYONS, THANK YOU, MAYOR. UM, CHIEF ASHWORTH IS JUST HIGHER. YES, FEBRUARY. UM, IT'S BEEN AN HONOR HAVING HIM AS OUR CHIEF, UH, IT'S MY NINTH YEAR ON COUNCIL AND HE WAS CHIEF BEFORE I CAME HERE. AND, UH, IT'S TRULY A MIXED EMOTION FOR ME TO HAVE HIM GO, BUT TO SEE THE GOOD WORK THAT HE HAS DONE IN ALL OF THESE YEARS, UM, WITH HIS, UH, REPLACEMENT, UM, I WOULD HOPE THAT WE WOULD HAVE A NATIONAL SEARCH FOR A CANDIDATE THAT WENT IN CANDIDATES THAT WOULD ENSURE A DIVERSE POOL THAT WE CAN DRAW FROM, UH, THE REASONS TWOFOLD. ONE, I THINK WE'VE ALWAYS IN MY ESTIMATION, MY OPINION WE'VE HAD, UH, SINCE I'VE BEEN ON COUNCIL, THE ASPIRE DEPARTMENT IN THE COUNTRY, IF NOT THE BEST, YOU KNOW, ONE OF THE BEST. AND AS A RESULT OF THAT, I THINK A NATIONAL SEARCH WOULD HELP US MAINTAIN AND MAYBE EVEN FIND WAYS TO IMPROVE OUR ALREADY OUTSTANDING DEPARTMENT. UH, THE SECOND ISSUE WOULD BE, UH, THE DIVERSITY IN OUR CLIMATE TODAY THAT WE HAVE ACROSS OUR COUNTRY. WE JUST STOOD OUT A CULTURE ON DIVERSITY CITIZEN'S ACTION COMMITTEE, AND I THINK THAT'S HIGHLY IMPORTANT TO MAKE SURE WE HAVE THAT DIVERSE POOL. UM, SO THOSE ARE SOME OF THE ISSUES I THINK ARE MOST PRESSING, AND THAT'S WHY I THINK IT'S IMPORTANT TO HAVE A NATIONAL SEARCH. THANK YOU. OKAY. THANK YOU, MR. LYONS. APPRECIATE THOSE COMMENTS. HEY, DISCUSSION ON THAT OR ANYBODY WANT TO ADDRESS THAT? WE CAN, UH, COUNSEL CAN CERTAINLY TALK ABOUT THAT AT TIME AND GO, MR. SCHOMER. WE CAN CERTAINLY HAVE THAT DISCUSSION WHEN THE, WHEN THE TIME COMES, WHEN IT IS, FEBRUARY IS FEBRUARY WHEN, WHEN, WHEN THE CHIEF IS RETIRING. OKAY. ANY OTHER COMMENTS TO SEE LEAD? OKAY. WITH THAT? I DON'T BELIEVE I'VE NOT BEEN NOTIFIED. THERE'S ANY REASON FOR AN EXECUTIVE SESSION FROM CITY MANAGER OR FROM STATE ATTORNEY WITH THAT? I, NUMBER 14 IS EIGHT OH FOUR, AND THIS COUNCIL MEETING IS ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.