MINUTES OF THE VAN WERT CITY COUNCIL August 14, 2017
The meeting was called to order at 6:30 p.m. by Council President Weir.
The invocation was given by President Weir.
On call of the roll: Fisher, Tomlinson, Trittschuh, Marshal, Markward, and Mergy
Fisher made a motion to excuse Straley; seconded by Tomlinson. Before a vote was taken, Straley arrived. Fisher made a motion to rescind his motion and was seconded by Tomlinson.
Tomlinson made a motion to approve the agenda for the 08/14/17 Council meeting; seconded by Fisher; with all concurring.
Fisher made a motion to approve the minutes for the 7/24/17 Council meeting; seconded by Tomlinson; with all concurring and Markward and Mergy abstaining.
COMMENTS, COMMUNICATIONS & PETITIONS
Weir stated that he received a liquor license transfer request from the new owners of Marsh Supermarket. This was passed to Tomlinson to hold for any public comment.
MAYOR: Mayor Mazur announced that City Tax Administrator Rudy Grant would be retiring September 1st after many years of service to the City. Mayor Mazur wished him well. Jennifer Adam will take over the position. Arica Wermer is the new Administrative Assistant for the Mayor and Safety-Service Director. Mayor Mazur announced two meetings to address the tax issue. One will be held at the Van Wert County Hospital to address Twigs III on September 12, 2017 at 7:00 pm and one will be held at Willow Bend to address the Optimist Club on October 12, 2017 at noon. Weir asked any citizen who has concerns about the tax issue to contact City Council or City Administration.
SAFETY SERVICE DIRECTOR: Fleming reported that after the last concert is held in Fountain Park this coming Friday work will start to improve the yard for concert viewing. 118 is now paved and painting will start this week with traffic loops put in after painting is completed. Woodland Avenue had some delays due to gas issues but will start soon. Fleming also stated that the last brush pickup will be held August 28th and would proceed by Wards. Mergy made note of street lights being on constantly and Fleming reported he would look into the issue and encouraged anyone who sees an issue with street lights to report the issue to Administration. Tomlinson stated he received a request to reinstall a traffic light at Burt Street.
AUDITOR: The Auditor went over July financials stating that the City was up $185,000 year to date over last year and that withholding taxes were up $79,000. State shared revenues were down $10,000 and the local government fund will decrease $26,000 next year. Several refunds were received from Workers Comp, but are earmarked for Workers Comp payments for next year. Balyeat announced that the City is still on target with projections and that her office has received the tax rates from the County which will need to be approved by Council by September 30th. The Auditor also brought to Council’s attention that the legislation passed and then amended regarding the tax incentive still has problems with language and needs to be amended again. Balyeat shared her concerns regarding this error. Then and Now’s were explained fully to Council. Tomlinson and Markward stated that the issue was not how Then and Now’s worked, but rather getting information about what is on the Then and Now’s sooner. A presentation will take place at 6:30 p.m.at the August 24th Council Meeting regarding the “opencheckbook” website. Mayor Mazur asked if Hotel Motel taxes were up. Balyeat stated that they were, but could not say the exact amount.
LAW DIRECTOR: Hatcher asked if the process in place for the consent agenda was sufficient for everyone on Council. Hatcher reported that the American Legion would like to take over Memorial Park, which is currently owned by the City. Discussion about this occurred with everyone stating that this would be a positive thing that could enhance the property.
PARKS AND RECREATION: Markward reported that fencing and cement work will start within the next week and possible be finished by Labor Day. Weir asked if the fundraising goal was reached for the dog park with Markward responding yes to make it functional. Additional funding will be needed for extras at the dog park. Markward made a motion for the Law Director to prepare legislation for the transfer of Memorial Park from the City to the American Legion; seconded by Tomlinson; with all concurring and Marshall abstaining. Tomlinson announced that the two play areas were open at Franklin Park and commented on how nice these areas are.
JUDICIARY AND ANNEXATION: Tomlinson reminded the Law Director of legislation he requested to be prepared in regards to changing the credit received for City residents that work out of city limits. Hatcher replied that two other issues go along with this and that this will be brought up at the next Council meeting. Mayor Mazur stated that letters have been prepared to be mailed to these specific citizens once this takes place.
WATER AND SEWER: No report was given.
HEALTH, SERVICE AND SAFETY: Marshall stated that he met with Bill Lawson to discuss code violations. The City is currently at record breaking pace this year with 700 violations reported already. Marshall announced he would be setting up a meeting with the Law Director to work out issues regarding finding out how cases are resolved in court and following up on other issues. A request was made by Weir and Marshall for Hatcher to update information about court proceedings related to Code violations. FINANCE: Mergy noted that language still needed to be clarified regarding Ordinance 17-07-047 as pointed out by the Auditor. Mergy made a motion for the Law Director to amend Ordinance 17-07-047 with the corrected language; seconded by Tomlinson; with all concurring. Mergy made a motion for the Law Director to prepare legislation for supplemental appropriations for fund 101 and declaring an emergency; seconded by Tomlinson; with all concurring. Mergy made a motion for the Law Director to prepare legislation for the transfer of funds from Hotel/Motel tax to Economic Development and declaring an emergency; seconded by Tomlinson; with all concurring. Mergy made a motion for the Law Director to prepare legislation to establish a new fund for the receipt and disbursement of funds from the Department of Justice and declaring an emergency; seconded by Tomlinson; with all concurring. Mergy scheduled a Finance Committee Meeting for Monday September 11th from 6:15-6:30 p.m. to discuss financing requests from MainStreet Van Wert. PROPERTIES AND EQUIPMENT: Fisher had no report.
STREETS AND ALLEYS: Trittschuh scheduled a Streets and Alley Committee Meeting for Monday August 28th from 6:00-6:30 to discuss parking issues related to a possible downtown apartment.
ECONOMIC DEVELOPMENT: Tomlinson had no report.
Dan Baisard noted that an F Permit would be presented to Administration for the Harvest Moon Festival.
Tomlinson made a motion to introduce the consent agenda; seconded by Fisher; with all concurring.
Tomlinson made a motion to suspend statutory rules; seconded by Fisher; with all concurring.
Tomlinson made a motion to pass the consent agenda on its first and final reading; seconded by Fisher; with all concurring.
17-08-048 AN ORDINANCE TO MAKE SUPPLEMENTAL APPROPRIATION TO FUND 101 AND DECLARING ANEMERGENCY.
17-08-049 AN ORDINANCE TO TRANSFER FUNDS FROM FUND 101 TO FUND 215 ANDDECLARING AN EMERGENCY.
17-08-050 AN ORDINANCE TO ESTABLISH FUND 228 (DEPARTMENT OF JUSTICE ASSET FORFEITURE-EQUITABLE SHARING FUND) FOR THE RECEIPT AND DISBURSEMENT OF FUNDS FROM THE DEPARTMENT OF JUSTICE ASSET PROGRAM AND DECLARING AN EMERGENCY.
ORDINANCE AND RESOLUTIONS
Marshall made a motion to pass Ordinance Number: 17-07-043 AN ORDINANCE TO ADD SECTION 152.45 OF THE VAN WERT CITY CODE OF ORDINANCES on its third and final reading, seconded by Tomlinson ; with all concurring except Trittschuh and Markward.
Ordinance Number: 17-07-045 Committee: Health, Safety, & Welfare A RESOLUTION PROHIBITING THE ISSUANCE AND PROCESSING OF ANY PERMITS OR CERTIFICATES OF OCCUPANCY ALLOWING THE CULTIVATION, PROCESSING OR RETAIL DISPENSING OF MARIJUANA FOR MEDICAL PURPOSES WITHIN THE CITY OF VAN WERT. Second Reading, Advisory Vote with all concurring.
Ordinance Number: 17-07-046 Committee: Judiciary AN ORDINANCE TO AMEND A NEW SECTION TO CHAPTER 152 BUILDING CODE, ALSO KNOWN AS SECTION 152.751 NUSIANCE. Second Reading, Advisory Vote with all concurring except Mergy.
President Weir reminded everyone to thoroughly look over the consent agenda before Council so that they are aware of what they are consenting to. Hatcher said he would have paper copies of Ordinances at the next Council Meeting. Mayor Mazur explained a proposed bill that would not allow municipalities to tax nonresidents who work in City limits and the negative effect that would have on the City.
Fisher made a motion to adjourn at 7:44 p.m.; seconded by Straley; with all concurring.