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Minutes approved at the April 28th meeting
The meeting was called to order by Council President, Tom Stricker, Sr.. The invocation was given by Pastor Eleanor Volk of the Pentecostal Way Church. Stricker led the Pledge of Allegiance. On call of the roll, Agler, Crone, Marshall, Mergy, Gehres, and Corcoran were present. Shultz was absent. Gehres made a motion to excuse Shultz due to illness, seconded by Agler, with all concurring. Stricker stated that an Executive Session will be added to the agenda after the reading of Resolutions and Ordinances to discuss personnel issues, specifically to modify the contract agreement with AFSCME. Corcoran requested that Ordinance 08-03-017 be read for the second and final reading during the Judiciary and Annexation committee report as interested parties are present at tonight's meeting. Marshall made a motion to accept the agenda as amended, seconded by Corcoran, with all concurring. Corcoran made a motion to accept as written the Minutes of the March 28, 2008 meeting, seconded by Gehres, with all concurring. COMMENTS, COMMUNICATIONS and PETITIONS Stricker received a communication from the Ohio Ethics Commission that ethics reports are due 4/15/08 for all elected officials who are serving in 2008 and for those who served in 2007. There is a late fee. Corcoran received a communication from the US EPA notifying the city that the grant application for the National Brownsfields Program has not been approved. This was written in 2007 to address environmental issues at 201 East Main Street. The consultant who prepared the grant has agreed to resubmit for the next round of funding with no additional cost to the city. The city was encouraged to reapply. The city was offered a debriefing by the Brownsfields Coordinator. This must be requested within fifteen days of receipt of the letter. Corcoran reported that thirteen committees were approved and only one of them is a rural program. Corcoran asked Fleming to request the debriefing. Corcoran received a communication from Time Warner Cable notifying the city of their intention to apply for renewal of the city's franchise agreement currently in effect for the city of Van Wert. Corcoran has reviewed the Cable Act of 1984 trying to determine the city's rights. The city has six months to respond to Time Warner's communication. Corcoran requested this information be given to the Law Director for review and response. ADMINISTRATIVE REPORTS MAYOR: Ehmer reported that he, Nancy Bowen and County Commissioner, Clair Dudgeon made a visit to Kongsberg Automotive last week. The purpose of their visit was to convey the importance of the plant to remain in Van Wert. They also wanted to convey the importance of keeping open lines of communication. A call was placed to the Governor's office. Crone asked if he has spoken with the steelworkers at Kongsberg to tell them the same things that were told to Kongsberg. Ehmer stated that the city does not want to become involved in their negotiations. Crone stated that media conveyed the message that they would support the company and he was concerned that this gave the wrong message to union members. SAFETY SERVICE DIRECTOR: Fleming requested a Water and Sewer Committee meeting to discuss the need for an Ordinance allowing him to bid and award contracts for the Burt Street sanitary sewer Phase II. This is a three year project on Burt Street. Crone stated that he would schedule a meeting during his committee report. AUDITOR: Balyeat reviewed the monthly financial reports. All funds have a positive balance. Revenues for 2008 are up $537,000.00 from 2007 mainly due to an inheritance tax payment received in the amount of $512,000.00. Balyeat noted that inheritance tax is received twice a year. This is the first payment of the year. At this time the city is currently $300,000.00 over what was projected. Balyeat considers this a windfall. Balyeat noted that local taxes are down, misc. sales and services are up slightly, fines are down, interest income is down and misc. income is up slightly. Without inheritance tax the city would be several hundred thousand dollars behind in revenue compared to income. LAW DIRECTOR: Unterbrink reported filings were made on twenty delinquent tax accounts. Most should be heard by the end of the month. Unterbrink addressed the lockout at Kongsberg. Unterbrink noted that the union is asking their members to not do anything to provoke the other side. Unterbrink stated that he did not feel that management was doing the same. Unterbrink noted that he believes businesses in Van Wert should be good corporate citizens. POLICE CHIEF: Hammond reported for the first quarter of 2008: citations are down, juvenile arrests are up, adult arrests are up, accident investigations are down. Mergy requested the department do a speed survey on North Washington Street. Hammond reported the survey found some times of increased speed. Officer presence will be increased during these times. Hammond will be meeting with the administration regarding the completed feasibility study. The Police Department's Annual Report will be in council's mailboxes prior to the first meeting in May. Crone asked about traffic laws being enforced at Towne Center. Crone specifically noted the outer ring for enforcement. Hammond stated that this is a city street so laws may be enforced. Hammond asked constituents with concerns to contact his office. Marshall had contacts from some truck drivers expressing concern of the speed limit on Grill Road changing it to 35 mph up through the Brookside Store. This is like a dragstrip at times and the truck drivers are having a difficult time in this area. Hammond stated that he will discuss this issue with the administration. FIRE CHIEF: Steele reported the run volume at 348 which is up 10% from last year. COMMITTEE REPORTS PARKS AND RECREATION: Agler had no report. Agler made a motion to bring Ordinance 08-04-019 before council, seconded by Corcoran, with all concurring. Agler made a motion to suspend statutory rules for Ordinance 08-04-019, seconded by Corcoran, with all concurring. Agler made a motion to pass Ordinance 08-04-019 on the first and final reading, seconded by Corcoran, with all concurring. ORDINANCE 08-04-019: an Ordinance to amend section 94, also known as chapter 94: parks and recreation, of the municipal code of ordinances and declaring an emergency. HEALTH AND SAFETY: Marshall had no report. PROPERTY AND EQUIPMENT: Mergy had no report. JUDICIARY AND ANNEXATION: Corcoran gave the report in Shultz' absence. Corcoran reported the committee met this evening to consider two issues. The first was four proposed changes to the Personnel, Policy and Procedure manual. There were several issues that needed further research so this issue will be taken up at a later time when the Safety Service Director has had time to properly research them. The second issue was regarding the final plat for Phase I of Valam Drive. The committee agreed to have council take action to approve the plat. Corcoran made a motion to authorize the Law Director to prepare an Ordinance approving Phase I of the plat for Valam Drive and declaring an emergency, seconded by Agler, with all concurring. Corcoran will provide the necessary information to the Law Director. Corcoran asked for the second reading of Ordinance 08-03-017 at this time. Corcoran made a motion to suspend statutory rules for Ordinance 08-03-017, seconded by Agler, with all concurring. Corcoran made a motion to pass Ordinance 08-03-017 on the second and final reading, seconded by Agler, with all concurring. ORDINANCE 08-03-017: an Ordinance to accept the proposed rezoning classification from R-2 medium density residence to B-3 highway and general business, of that real property, owned by Kay Sluterbeck, and declaring an emergency. Balyeat asked about the status of the Public Records policy for the city. Balyeat noted that this policy is six months beyond the date this was to be done. Unterbrink has completed a draft and will get a copy to Shultz. FINANCE: Corcoran reported he requested legislation at the 3/24/08 meeting. Corcoran made a motion to bring Ordinance 08-04-020 before council, seconded by Gehres, with all concurring. Corcoran made a motion to suspend statutory rules for Ordinance 08-04-020, seconded by Gehres, with all concurring. Corcoran made a motion to pass Ordinance 08-04-020 on the first reading, seconded by Gehres. Fleming noted that the wrong consultant is written in Section 2. Corcoran and Gehres withdrew their motion to pass Ordinance 08-04-020. Corcoran made a motion to amend Ordinance 08-04-020 to change the consultant to Poggemeyer instead of Choice I and to correct the date if needed, seconded by Gehres, with all concurring. Corcoran made a motion to pass Amended Ordinance 08-04-020 on the first reading, seconded by Gehres, with all concurring. AMENDED ORDINANCE: an Ordinance authorizing the Mayor to sign and enter into an agreement with Poggemeyer Design Group for engineering services and declaring an emergency. Corcoran made a motion to bring Ordinance 08-04-021 before council, seconded by Gehres, with all concurring. Corcoran noted that there is a contract for design services covering portions of a project funded under the TEP grant and directly by the city. Portions include paving and a water line. The total cost of the design contract are being divided between Main Street with TEP grant and those portions not covered by the TEP grant. Corcoran reported that ODOT took as evidence of funding the TEP grant awarded to the city. Poggemeyer is reworking the cost of the project and will have the information available at the committee meeting on 4/21/08. Corcoran made a motion to suspend statutory rules for Ordinance 08-04-021, seconded by Gehres, with all concurring. Corcoran made a motion to pass Ordinance 08-04-021 on the first reading, seconded by Gehres, with all concurring. ORDINANCE 08-04-021: an Ordinance to make supplemental budget appropriations to Fund 301 and declaring an emergency. Corcoran made a motion to authorize the Law Director to prepare an Ordinance to authorize the Mayor to apply to participate for the CHIP program for 2008 and declaring an emergency, seconded by Gehres, with all concurring. Corcoran made a motion to authorize the Law Director to prepare an Ordinance making a supplemental appropriation transferring $600.00 from other operating costs to capital outlay in the General Fund 101 and declaring an emergency, seconded by Gehres, with all concurring. Corcoran made a motion to authorize the Law Director to prepare a Resolution authorizing the city to file an application with ODOD for assistance under the Ohio Job Ready Sites program and to commit to the provision of water and sewer utilities, seconded by Gehres, with all concurring. Corcoran reported the Regional Airport Authority is going ahead with the capital improvement program for 2008. The change in timing included in the reauthorizing of the grant program and the FAA reduces the time in which to act. They were forced to move through the bid process and will open bids on 4/29/08 for the runway resurfacing project. They have no heard back from ODOT as to whether they can move forward on this project without milling the runway surfaces. The FAA has said if they will not go ahead with this project they must be notified of an alternative project by 5/1/08. An alternative project is available to submit. WATER AND SEWER: Crone scheduled a committee meeting for 4/21/08 at 6:15 p.m. to discuss the Burt Street project Phase II. The committee met on 3/31/08 to discuss sewer costs for unsewered areas. Sewer charges were provided by Fleming. This is in regards to two areas in the county that may be annexed into the city: State Route 118 from Miller Chiropractic to Copper Road and US 127 South from the water treatment plant to the south end of reservoir #1. Sewer lines would be installed by the county and then turned over to the city. Fleming will meet with the commissioners to convey the committee meeting information. STREETS AND ALLEYS: Gehres had no report. Mr. Daily stated that he came to a council meeting in September to present some concerns about Edwards Street. At that time, Mayor Ehmer was on council and the chair of the Streets and Alleys Committee. No truck signs were posted and the city plowed snow in the winter. Now, there are approximately thirty potholes. He would like it leveled out and a coating to "lay the dust". He reported the last time anything was done to the street was when Murphy was Mayor. Ehmer stated that he and Fleming will come out and take a look at the street. OLD BUSINESS There was no Old Business. NEW BUSINESS There was no New Business. RESOLUTIONS AND ORDINANCES There were none.
A motion was made by Gehres at 8:26 p.m. to adjourn to Executive Session to discuss personnel issues to modify the contract with AFSCME, seconded by Agler, with all concurring. A motion was made by Gehres at 8:41 p.m. to return to the regular session of council, seconded by Agler, with all concurring. Corcoran made a motion to authorize the Law Director to prepare an Ordinance authorizing the Mayor to make amendments to the AFSCME contract effective 4/13/07 and declaring an emergency, seconded by Agler, with all concurring. A motion was made by Gehres to adjourn at 8:43 p.m., seconded by Marshall, with all concurring.
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