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MR. WILLIAM D. DUNCANYEA
MR. STEVEN BYINGTONYEA
MR. ROBERT P. STEPHENSYEA
MRS. ANNE HILTONYEA
MRS. LEIGH TURBENYEA

There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.

AN ORDINANCE
BY VICE MAYOR BYINGTON NO 4941
AN ORDINANCE AMENDING SECTION 145.04, FORMAL BIDDING PROCEDURES, OF THE OAKWOOD ADMINISTRATIVE CODE TO CLARIFY THAT CERTAIN BROKERED PURCHASES AND CONTRACTS ARE EXEMPT FROM FORMAL BIDDING REQUIREMENTS.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that this is an ordinance to update Section 145.04(E) of the Oakwood Administrative Code, which is the city’s purchasing and contracting ordinance.

Formal competitive bidding is required for most city purchases over $50,000. However, there are exceptions to those requirements for certain kinds of purchases and contracts. The key is whether, in the absence of formal bidding, there are inherent assurances to ensure fair and reasonable pricing. The city has an obligation to be a good steward of public resources.

For many years the city has obtained insurance and other employee benefits through brokers who are familiar with the local market and who have a contractual fiduciary duty to act in the best interests of the city. These broker service contracts have always been exempt from competitive bidding as contracts for professional or personal services, and the underlying benefit contracts have been included in that exemption. However, Council wishes to add a specific exemption for the underlying benefit contracts. This will avoid any specious argument that the broker contract might be exempt while the underlying contracts are not.

This was a first reading of the ordinance, so Vice Mayor Byington made no motion.

AN ORDINANCE
BY VICE MAYOR BYINGTON NO 4942
AN ORDINANCE TO TERMINATE SPECIAL REVENUE FUND 209 UPON THE FINANCIAL RECORDS OF THE CITY; AUTHORIZE THE TRANSFER OF ITS REMAINING BALANCE TO THE GENERAL FUND; AND AMEND EXISTING APPROPRIATIONS OF THE CITY TO INCLUDE SAID TRANSFER.

A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.

Vice Mayor Byington explained that the city’s financial records include special revenue fund 209, which is also known as the MLK Community Recognition Fund. It was established by Council in 2005 to receive, hold, and spend money for an annual breakfast to honor the life and vision of Dr. Martin Luther King, Jr. The breakfast was a joint program between the cities of Oakwood and Kettering that lasted for many years.

Ultimately, the event was discontinued as an exclusive program for the two communities, instead supporting larger regional celebrations. This left a remaining fund balance of just over $7,500. Half of that has been returned to the city of Kettering, leaving $3,753.02 in the fund.

Last fall, Council adopted Resolution No. 1878, recognizing the establishment of the Oakwood Inclusion Coalition (“OIC”) and declaring strong support for its mission and purpose. The OIC is a non-profit citizen-driven organization with the mission “to study, promote, and celebrate an inclusive, equitable, diverse and welcoming environment and community for everyone who lives, works, visits, or passes through Oakwood.”

The OIC’s mission is very much consistent with the vision of Dr. Martin Luther King, Jr., and Council wishes to contribute the remaining balance of Fund 209 as initial seed money for the OIC. Not only is this an important public purpose, but it is also a fitting and proper tribute to Dr. King’s legacy and an appropriate use for those dollars.