Prior Minutes
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Minutes approved at the April 11th meeting

MINUTES OF THE

VAN WERT CITY COUNCIL

March 28, 2011

The meeting was called to order by Council President, Gary Corcoran. The invocation was given by Pastor Paul Hamrick of First Friends Church.

On call of the roll:  Agler, Kelly, Farmer, Marshall, Tomlinson and Mergy were present.  Shultz was absent.  Marshall made a motion to excuse Shultz from the meeting, seconded by Farmer, with all concurring.

Tomlinson made a motion to approve the Agenda of 3/28/11 as presented, seconded by Farmer, with all concurring.

Farmer made a motion to approve the Minutes of the Committee of the Whole 3/14/11 meeting as presented, seconded by Tomlinson, with all concurring.

Farmer made a motion to approve the Minutes of the 3/14/11 Council meeting as presented, seconded by Tomlinson, with all concurring.

 

COMMENTS, COMMUNICATIONS & PETITIONS

Corcoran presented to Council communications from the Ohio Division of Liquor Control which included the review of all permits now issued and also the submission of 3 new applications.  The new applications were turned over to Farmer of the Judiciary & Annexation Committee.  Corcoran reminded Council about submitting their Financial Disclosure Statements to the Ohio Ethics Committee with the deadline approaching. Corcoran received an email from Seth Baker originally directed to Chief Hammond, in regards to street performers during Artrageous. Seth was inquiring about any Ordinances or permits that would be necessary.   The Law Director stated that this should fall under Section 112.03 which is currently in committee with Judiciary & Annexation. This new information was given to Farmer. Corcoran also submitted to Council the draft of updates from American Legal Publishing for the City Code of Ordinances.  Eric McCracken of Van Wert Youth Baseball gave a presentation to Council of a proposed addition of a new baseball field to be placed where the tennis courts were removed in Jubilee Park at no cost to the City.

ADMINISTRATIVE REPORTS

MAYOR:  Ehmer had no report.

SAFETY SERVICE DIRECTOR: Fleming reported that brush pickup would begin the first Monday of April and continues until October with the restriction of limbs no larger than 4 inches in diameter being picked up.  This would not be in effect with storm brush pickup. Fleming made Council aware of wind turbine transport through town during April and May.  Tomlinson had some questions in regards to the Shannon St. reconstruction that were answered. 

AUDITOR:  Balyeat presented a Then & Now Certificate to Council for payment.  An update on local government funds from the Governor will be cut 25% starting July 1 for this year with an additional cut being in 2012 & 2013. The replacement tax will also be reduced through 2018.  Balyeat gave a review of the Income Tax Seminar that she attended and possible legislation that could occur.  Balyeat also updated Council on the Real Estate Tax that the City receives.  Balyeat noted her concerns with the City adding demolition, trash cleanup and mowing onto this since the City doesn’t seem to recoup any of these funds especially in regards to the demolitions.  Sheriff’s Sales usually never bring enough for the City to get their money back after the County Treasurer gets their amount.  The Administration is going to investigate further.

LAW DIRECTOR: Unterbrink presented his legal opinion in regards to Section 93.10 of the City Code of Ordinances. (Attached) Unterbrink then requested the Streets & Alleys Committee schedule a meeting in regards to the dedication of streets at Towne Center.  No ordinances were prepared for this previously.  Paul Hamrick asked for more clarification on the legal opinion which was given.

COMMITTEE REPORTS

PARKS AND RECREATION: Kelly had no report.

HEALTH, SERVICE AND SAFETY: Marshall made a motion to introduce Ordinance 11-03-010: an ordinance to amend Chapter 110.02, also known as Section 110.02 coin-operated laundries of the City of Van Wert City Code of Ordinances, seconded by Tomlinson; with all concurring.

PROPERTY AND EQUIPMENT: Mergy had no report.

JUDICIARY AND ANNEXATION:  Farmer commented on his earlier committee meeting that evening concerning the discussion of entering into collective bargaining with Local 3767 of the AFSCME Ohio Council 8 of the AFL/CIO. Farmer made a motion for the Law Director to prepare legislation for this and declaring an emergency, seconded by Tomlinson, with all concurring.  Farmer made a motion to introduce Ordinance 11-03-009: an ordinance authorizing the Mayor and Safety Service director to contract with Local #3767 of the AFSCME, Ohio Council 8, AFL-CIO, relative to wages, hours, terms and other conditions of employment and declaring an emergency, seconded by Tomlinson, with all concurring. Farmer made a motion to suspend the statutory rules, seconded by Tomlinson, with all concurring.  Farmer made a motion to pass Ordinance 11-03-009 on its 1st & final reading, seconded by Tomlinson, with all concurring.

Farmer reviewed the definitions of the applications for liquor permits. Farmer then scheduled a committee meeting for 4/11/11 at 7:15 pm to discuss the street performers and Section 112.03.

FINANCE: Farmer made a motion to pay the Then & Now Certificate in the amount of $10,000 to Ohio State University for 4th quarter funding, seconded by Tomlinson, with all concurring.

WATER AND SEWER: Tomlinson had no report.  A committee meeting was scheduled for 4/11/11 at 7 pm to authorize the bidding of the Issue I project.

STREETS AND ALLEYS: Agler had no report.  A committee meeting was scheduled for 4/11/11 at 6:30 pm to finalize the N. Franklin St. request for “No Parking”, the formalizing of naming streets at Towne Center and the repeal of Section 110.03 loud speaker usage from the Code of Ordinances. Paul Hamrick asked about Church street signage changes. Fleming stated that the churches can purchase new ones which the city will put up.

OLD BUSINESS

No old business.

NEW BUSINESS

No new business.

RESOLUTIONS AND ORDINANCES

Ordinance 11-03-010: an ordinance to amend Chapter 110.02, also known as Section 110.02 coin-operated laundries of the City of Van Wert City Code of Ordinances. 1st Reading; Advisory vote; with all concurring.

Farmer made a motion to pass Resolution 11-02-006 on its 3rd & final reading; seconded by Tomlinson; with all concurring. Resolution 11-02-006: a resolution authorizing the Mayor to file an application with the State of Ohio Department of Development for participation in the Fiscal Year 2011 Community Housing Improvement Program (CHIP) and to sign such other documents as necessary for the administration of such program and declaring an emergency. 3rd Reading/Vote: with all concurring. Motion passed.

Farmer made a motion to amend Ordinance 11-02-008 for the purpose of adding/changing under General Fund for the Mayor-Personal Service an increase $865 for unemployment; also under General fund Main Street-other operating expenses an addition of $610 for the sale of traffic lights and under the Sewer Fund; Sewer Office-Other Operating Funds an addition of $2,000 for anticipated increase of refunds; seconded by Tomlinson; with all concurring. Farmer made a motion to pass amended Ordinance 11-02-008 on its 3rd & Final reading; seconded by Tomlinson; with all concurring.  Ordinance 11-02-008: an ordinance to make permanent appropriations for the current expenses and other expenditures for the City of Van Wert, Ohio, from January 1, 2011 to December 31, 2011, and declaring an emergency. 3rd Reading/Vote: with all concurring. Motion passed.

Agler made a motion to adjourn at 8:31 pm; seconded by Tomlinson; with all concurring.

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