Glass City Jungle

What were the “hot items” that came up for discussion yesterday at the Agenda Review Meeting for Toledo City Council? One part of the longest discussion yesterday related to an item that’s going to go to Committee for more discussion/a hearing but there were a few other items on the Agenda that will be coming up for a vote at the next Council meeting on February 3rd. Some notes on what was discussed follows.

Related to the following agenda items:

Amend TMC Sec. 157.06, disestablish Bowman Park Advisory Board Trust Fund, -0- balance

Amend TMC Sec. 175.05, disestablish Walbridge Park Advisory Board Trust Fund, $241.12 balance

Amend TMC Sec. 176.05, disestablish City Park (Savage Park) Advisory Board Trust Fund, $125 bal.

Amend TMC Sec. 177.05, disestablish William A. Smith Jr. Advisory Board Trust Fund, -0- balance

The administration’s reasoning for this legislation is there was so activity on the trust funds for at least two years, an audit was done and out of the ten or so trust funds they are the ones with no activity so legislation was created to disestablish the trusts and to put any money in these accounts into the General Fund..

Councilman Michael Ashford asked where donations would go – It was stated they would go to these trust funds that if
Council wants to keep them alive and try to secure more donations that they could not follow the recommendation. Ashford asked if this passed what would happen if any of these groups wanted to solicit monetary donations. The boards would have to
set up their own advisory corporation if these trust funds were disestablished and any future money was collected.

Ashford asked what would be hurt by keeping these trust fundson the books, the answer was nothing.

Katie Bond stated there were a few options that Council would have if donations were raised for a particular park where you would not have to re-establish a park trust fund.

Councilwoman Lindsay Webb suggested having a hearing on this in her committee, Youth, Parks & Recreation, so that the District
Council members and their constituents could discuss this in detail. Councilman Mike Craig asked if there was any problem if the Walbridge Park, since they had their own 501 that the money could go from the trust fund to their group since it was originally
supposed to go to them? Bond stated that the TMC states it has to go into the general fund. Craig asked what would be the problem with writing a check to that group since the money was meant to be used at that park and they have an active advisory group. It was recommended by the City that the group be “reactivated” to disperse the funding.

Councilman D. Michael Collins then asked confirmation that it would require the park trust fund to “reunite” to distribute the funding for a certain project. Collins asked how the money was put into the trust funds, it was stated by the City that it was gifts and donations. He wanted and got confirmation that the origin of the donations was not from the general fund it was directly to those groups as gifts/donations.

Webb suggested it go to committee and there be a policy created for this.

Agreement for Hoffman Road Landfill use in lieu of cash for Ottawa River remediation

There is no firm agreement as of yet, this would authorize them (the City) to negotiate.

Councilwoman Betty Shultz asked about the former consent decree discussion, could the EPA step in if this was not done. Casey Stephens from City stated there was no consent degree this was voluntary, from the EPA which is why the City was working with the Ottawa River group to come to an agreement as to this. The Ottawa River group has been working with a variety of groups to address the issue related to the sediments in theOttawa River.

Stephens said the actual agreement with the EPA is a 40 million dollar project, 20 million from the Ohio EPA, the city’s portion of the 20 million would be an inkind service as using the Hoffman Landfill as place for the dredgings from the Ottawa River. Stephens said they have a verbal agreement with the State for the 20 million and the city is working hard to eliminate any outflow of actual cash.

Ashford asked for the other partners in the Ottawa River group – Stephens stated, Chrysler ITW, Dupoint, Honeywell, Jencorp, Stephens could not remember all of the names off the top of his head, there were 7 companies, but they did identify an additional 27 parties and they will be inviting those additional parties to join the group that could lessen the financial contribution from others.

The basic history jist is that while millions were spent to clean up the Dura landfill that nothing was done to address the sediment that was in the Ottawa River that was contaminated because of the landfills.

It was stressed that if the City’s “inkind service” ended up having more value than the City’s share that the City would have the expectation of being “made whole” by the Ottawa River group, that was the result of questions raised by Webb.

She also expressed concern that the agreement was not yet finalized yet that council was going to vote on this. She wanted to make sure that due diligence is done and respected the Hoffman landfill as far as what the result would be there and that the Ottawa River issue was addressed.

Councilman Joe McNamara pointed out that the recycling and trash policy developed by Council had helped to extend the life of the Hoffman landfill, he wanted confirmation that the life of the landfill would still be extended after the Ottawa River dredgings were deposited there. Stephens confirmed this.

Collins stated that he had been told the life of the landfill had been extended at least six years. He asked for clarification on the past “hold harmless” agreements as to who they were made with and who received the payments related to that. Stephens informed him that it would have been to groups like the Ohio EPA and not directly to Toledo.

Since Ashford is the chair of the Environment, Utilities & Public Service he stated he had some concerns with the way the legislation was written that it would allow the Mayor to enter into project agreement with the EPA with Toledo funding up to 50%, he wanted the wording changed that the Mayor be allowed to enter into a draft but that no financial dollar amount be accepted. Stephens said the contract with the Ohio EPA would deal with the funding, Ashford asked for a first reading on this one given some questions still remained.

Appropriation for lease/purchase 5 sewer cleaning machines from Jack Doheny,7 yrs,$230,000/yr, – this seemed strange to have it cost that much for 5 machines over 7 years when Perrysburg recently paid $234,711.37 to purchase of a Vactor sewer cleaner from Jack Doheny Cos. The price reflects a trade-in of $61,500. Toledo is paying 1,610,000 for five machines – 322,000 each with apparently no trade in where the price Perrysburg received was 296,211.37 – we are paying over 143,000 more. Given our economic status and the fact that $143,000 would pay for a few police or firemen? One wonders why we are paying more than Perrysburg and why we don’t have any trade in.

Amend TMC Ch. 2117, Collective Bargaining Agreement with AFSCME Local 7, three years
Highlights of the contract were shared, that the health care contribution aspect for union members has increased. Wage increase over three years zero the first two then 2% for year three, five day unpaid furlough scheduling is in this contract, all new employees will no longer get bonus vacation time.

McNamara asked if this contract required any amendment to the 2008 budget related to requiring additional expenditures or did it create any additional savings? Theresa Gabriel stated yes, it created some savings. McNamara also asked about pension pick up for new employees. Gabriel confirmed any new employees would not have the employee share of the PERS pick up paid by the City. The process regarding contracts was reviewed, council can approve or do nothing and it would go into affect in 30 days or if they opposed it, it would take 7 votes.

Collins asked what had the City administration learned through this contract process, Gabriel stated that it was the Union that did not want fact finding they wanted mediation and that she had pushed for fact finding to be a part of this process that it was the Union. Collins then asked if the City could not have required fact finding if the union did not agree. The law director confirmed that fact finding could have been used even if one party did not agree. Collins hoped that lessons were learned and that there were no negotiations in public and that money should not be budgeted until the City knew if these concessions would be approved.

Councilman Phil Collins said the bottom line, like Collins said we have to learn from the process but the membership has spoken, even by ten votes. He might not agree but the membership has spoken.

That was the items that received discussion that will be before Council either next week or in the case of items going before a committee, in the weeks to come.