WAPAKONETA CITY COUNCIL MARCH 21, 2016
President Steve Henderson called the meeting to order at 7:30pm on March 21, 2016 at 701 Parlette Court with the following members present: Jim Neumeier, Daniel E. Lee, Bonnie Wurst, Chad Doll, Randy Fisher, Rachel Barber and Dan Graf. Also present were Mayor Tom Stinebaugh, Law Director Dennis Faller and Safety Service Director Chad Scott. There were 20 visitors present.
Mr. Neumeier requested the following correction be made to the March 7, 2016 Council Meeting minutes re: under the Service Director report, the first sentence should read “…a contract of $4.70 per mcf…”
Motion by Fisher, second by Lee to approve the minutes of the March 7, 2016 Council Meeting as corrected. Vote – 7 yeas, 0 nays.
Photos were then taken of the Mayor and Council with a boyscout group in attendance.
Lands & Buildings Committee – a meeting was held on 03-15-2016 and the following was discussed:
Barber invited Bums to begin the meeting and inquired about why he was present. Burns expressed opposition to the proposed split of the property at 404 West Auglaize Street between the adjacent neighbors. Barber noted that the committee had always planned for a comprehensive easement agreement to be associated with this divestiture of property to the neighbors. Bums stated that he wanted the property to remain with the city because of future maintenance issues (e.g., cleaning the sewer) and the access that would then be needed.
Some conversation occurred about whether the neighbors would be offered the opportunity to mow the property if they don't own it, but Burns noted that it could be added to the Street Department's existing mowing schedule.
Stinebaugh also stated his opposition to the idea of releasing the property, since the City had paid $140,000 for it.
Barber noted that this plan has been discussed for some months, but Bums asserted that he was unaware of said plan until recently.
Faller stated that the city could not simply give the property to the neighbors but must go through a specific legal procedure. He informed the committee that pertinent citations in the city code are 721.03 & 721.03.
Graf noted that Frank Heffuer had asked for use of the garage that remains, and inquired about whether the building could be leased to Heffner. Stinebaugh stated that "we wouldn't have a problem with that," although Bums indicated that he would just as soon take the garage down as well. He felt that it could be accomplished easily. He (Burns) also stated that he had previously wanted to take down the garage, but was told not to.
Some legal arrangement already exists vis a vis the common driveway for Heffners and the 404 property, but none present knew the specifics.
Faller noted that if the property remains public, the question exists about whether the public can walk through the lot between the houses to access the river. Do we post it? Can people walk their dogs there? Fish?
Stinebaugh expressed that the neighbors will still have the benefits of the property, but without ownership.
Barber noted that Palmers and Heffners have always understood the extremely limited "landscaping" opportunities that would be associated with the property because of the sewer underneath.
Doll commented that the 404 garage is laying inside of the easement. Several persons then noted that both garages (404 and Heffners') lay inside the easement.
Bums underscored that 404 provides the perfect access point to the sewer system (not just what is underneath this property, but access to the sewer adjacent to the river).
Graf stated that, should the City retain the property at 404, it has an obligation to take care of it as well as the neighboring yards (are cared for). Stinebaugh concurred that its maintenance should "conform with the neighbors'". Bums expressed that nothing but grass should be grown on the site.
Barber asked that the committee make no decision in the absence of the Palmers and the Heffners, since everyone has been operating under the assumption for some months that the property will be split. She offered to contact the neighbors and see about scheduling another meeting as soon as possible. Committee members were agreeable to this.
After Bums' departure, the committee turned its attention once again to the Property Maintenance Code.
Doll restated the information he had learned about enforcement of the maintenance codes in the cities of St. Marys and Troy. In theory, St. Marys would hire out the work to resolve a maintenance issue with an uncooperative property owner (but no evidence exists that they have done so). In theory, Troy would take an uncooperative property owner to court, but little evidence exists that this protocol has ever occurred either.
Barber noted that taking one homeowner to court (which is how our Maintenance Code would work) might have an exemplary effect on other property owners. She also noted that we need to be sure that subjectivity (re citations) does not come into play.
Graf stated that he felt that our Maintenance Code provided clearly defined parameters.
Faller stated that the City should do the best it can, and that ultimately the court will make the determination.
Barber noted that, during the previous committee meeting, Mary Ruck of the Engineering department has informed the committee that the worst problems involve trash and situations that might be enticing to assorted varmints.
Hunlock noted that code enforcement officer Paul Eisert is taking approximately a month off. He suggested that, upon Eisert's return, he (Eisert) create an inventory of the properties subject to citation, so that the committee may have a ballpark figure about how many properties are involved. Hunlock will have Eisert begin with the worst offenders.
The committee was agreeable to this suggestion.
Stinebaugh brought up the issue of the city-owned log house on Short Road, which had previously been occupied by Service Director Rains. He is investigating options for renting it.
After some additional conversation about assorted issues, Graf made a motion, seconded by Doll, to accept the previous meeting's minutes as presented. The motion passed unanimously.
Communications & Rules Committee – a meeting was held on 03-10-2016 and the following was discussed:
With limited additional discussion, the committee approved edits to the Rules of Council and will forward the updated rules to the whole Council with a recommendation for adoption. (Motion Graf, Second Wurst)
The following tech issues were brought up and Doll will address them with administration:
· The Action Line link no longer appears on the city website
· There are still some updates & fixes needed on the website
· Questions regarding email account setup for new administration members including the mayor, auditor, etc.
· Community videos on website - old mayor greeting
· Phone line message follow-up
Consultation with Teri Rohrbacher revealed that one major hurdle to emailing entire council packet to any who might request it is that she does not receive all materials electronically. Doll will investigate copier abilities to scan documents to PDF form. Rohrbacher was comfortable with adding any requests for agendas to email list.
Ms. Barber asked if electing representatives to other boards was not previously within Council Rules. Mr. Doll answered, correct.
Finance Committee – a meeting was held on 03-16-2016 and the following was discussed:
Neumeier served as chair pro-temp and called the meeting to order at 4:39 pm.
Chad Scott presented proposals for increases to wages & salaries of seasonal employees and other non-union city employees.
Adjustments are necessary to seasonal 1 and seasonal 2 workers to meet minimum wage requirements.
Scott suggested a 2% increase for seasonal and auxiliary employees.
Discussion also led to suggestion of bringing Engineering Department Supervisor more into line with other department heads.
Scott stated that Auditor Wilbur Wells says there are sufficient funds for the suggested increases.
Motion by Doll and second by Neumeier, and 2-0 vote, to recommend the pay increases to council for its approval.
Communications –
Clerk McDonald provided a second reminder that all elected officials must complete their financial disclosure by May 16, 2016.
Clerk McDonald read an annual notice from the Ohio Division of Liquor Control stating that all permits to sell alcoholic beverages within the political subdivision will expire on June 1, 2016.
Guest Petitions -
Ms. Landa Tomlinson of 22188 Moulton Fort Amanda Road, Spencerville and Mr. Ron Frey of 12 Camelot Drive, Wapakoneta and representing the Wapakoneta Antique & Specialty Shops requested Council’s permission to hold an ‘Arts in April’ event on April 23rd from 1pm-7pm in the parkway.
Mr. Graf asked if refreshments and food will be served. Ms. Tomlinson and Mr. Frey answered, yes.
Mr. Lee asked if any other events were scheduled for the same date and place. Ms. Tomlinson advised that she was not aware of any.
Ms. Barber asked if there was a rain date. Mr. Frey replied, no.
Mr. Fisher asked if the group carries liability insurance. Mr. Frey answered, yes.
Motion by Fisher, second by Neumeier to approve the request. Vote – 7 yeas, 0 nays.
Miss Olivia Kentner of 11811 Lakeview Drive and Miss MacKenzie Lange of 11569 Glynwood Road and representing Wapakoneta High School Gatekeepers requested Council’s permission to hold a 5K on the evening of May 14th. Miss Kentner and Miss Lange distributed informational packets and race route maps to council for their review.
Mr. Doll asked if the group was aware that portions of the race route were outside of the city limits. Miss Kentner replied, yes.
Motion by Fisher, second by Wurst to approve the request. Vote – 7 yeas, 0 nays.
New Business –
Motion by Doll, second by Wurst to adopt the newly proposed rules of council as submitted. Vote – 7 yeas, 0 nays.
Motion by Doll, second by Lee to bring Ordinance 2016-10 to the floor for its first reading. Vote – 7 yeas, 0 nays.
Law Director Faller suggested that upon the next update of Council Rules, the Ohio Revised Code section should be cited regarding the executive session procedures.
Motion by Graf, second by Doll to enter into two executive sessions at 7:58pm, with the first being for the purpose of considering confidential information of an applicant for economic development assistance and inviting President Henderson, Safety Service Director Scott, Mayor Stinebaugh and Law Director Faller, and with the second session for the purpose of conference with an attorney for the public body concerning disputes involving the public body that are the subject of pending or imminent court action and inviting Law Director Faller and President Henderson. Vote – 7 yeas, 0 nays.
Motion by Lee, second by Doll to exit executive session at 9:26pm. Vote – 7 yeas, 0 nays.
President Henderson asked Clerk to read Ord 2016-03 for the third time re: AN ORDINANCE VACATING 16’ OFF OF THE WEST SIDE OF A PORTION OF LOGAN STREET IN THE CITY OF WAPAKONETA SO AS TO NARROW A PORTION OF LOGAN STREET TO A 50’ RIGHT OF WAY.
Motion by Graf, second by Doll to adopt Ord 2016-03. Vote – 7 yeas, 0 nays. Motion passed.
President Henderson asked Clerk to read Ord 2016-04 for the second time re: AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; PROVIDING FOR THE ADOPTION AND PUBLICATION OF NEW MATTER IN THE UPDATED AND REVISED CODIFIED ORDINANCES; REPEALING ORDINANCES AND RESOLUTIONS IN CONFLICT THEREWITH; AND DECLARING AN EMERGENCY.
President Henderson asked Clerk to read Ord 2016-05 for the second time re: ANNUAL APPROPRIATION ORDINANCE FOR FISCAL YEAR ENDING DECEMBER 31ST, 2016 AND DECLARING AN EMERGENCY.
President Henderson asked Clerk to read Ord 2016-06 for the second time re: AN ORDINANCE ESTABLISHING JOB TITLES AND PAY RANGES FOR NON-COLLECTIVE BARGAINING UNIT EMPLOYEES OF THE CITY OF WAPAKONETA IN COMPLIANCE WITH CHAPTER 260 OF THE CODIFIED ORDINANCES OF WAPAKONETA, OHIO, AND TO INCLUDE A NEW POSITION OF CONSULTANT UNDER POSITION (G) AS PAY RANGE 7A; AND DECLARING AN EMERGENCY.
Mr. Neumeier asked if this ordinance is for the purpose of adding the new position. Service Director Scott replied, yes.
President Henderson asked Clerk to read Ord 2016-07R for the second time re: AN ORDINANCE ESTABLISHING PRELIMINARY LEGISLATION FOR THE CITY OF WAPAKONETA’S PARTICIPATION IN THE AUG WAPAK RIVERSCAPE PROJECT AND CONSENTING TO THE OHIO DIRECTOR OF TRANSPORTATION TO COMPLETE THE PROJECT AND DECLARING AN EMERGENCY.
Ms. Barber asked if a date had been set for a public meeting regarding this ordinance. Mayor Stinebaugh replied, no, but that it will be sometime in April.
President Henderson asked Clerk to read Ord 2016-09 for the first time re: AN ORDINANCE ESTABLISHING JOB TITLES AND PAY RANGES FOR NON-COLLECTIVE BARGAINING UNIT EMPLOYEES OF THE CITY OF WAPAKONETA IN COMPLIANCE WITH CHAPTER 260 OF THE CODIFIED ORDINANCES OF WAPAKONETA, OHIO.
President Henderson asked Clerk to read Ord 2016-10 for the first time re: AN ORDINANCE RE-ESTABLISHING THE ZONING CLASSIFICATION FOR PROPERTY LOCATED AT 512 DEARBAUGH AVENUE, WAPAKONETA, AUGLAIZE COUNTY, OHIO.
The Mayor gave the following report:
March 7, 2016 Attended Council Meeting
March 8, 2016 Met at Engineering to look at options for street repair
March 8, 2016 Attended DWP meeting at the Chamber Building