Dover City Council Minutes of July 7, 2014

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1 President Shane Gunnoe called the meeting to order at 7:30 pm. All stood for the invocation that was given by Rev. David Kowaleski from Dover First United Methodist Church followed by the Pledge of Allegiance. Mayor Homrighausen swore in Ward 2 Councilman John McFadden. Roll Call: Bair, McFadden, Moss, Mueller, Maurer, Perkowski, Correll Seven (7) present. Motion by Correll to accept June 16, 2014 regular council meeting minutes. Seconded by Bair. Discussion. Motion carried. Accepted. COMMITTEE REPORTS: Service Bair Bair congratulated John and stated that he will do a great job. One request for an assignment after discussions with Tom Armstrong: a request for a committee assignment that a committee be created through the guidance of the Parks and Recreation Department to organize a 2015 River Fest. Bair provided an outline that was given by Armstrong who has volunteered to help and Bair asked that he be present at the committee meeting. Bair thanked Tom Johnson and the electric crews who repaired a power outage at Marlite quickly. Utilities McFadden: Gunnoe stated that he will redo the committee assignments and asked McFadden if he wanted to speak. McFadden thanked him and said he is going to learn for now. Safety Moss Moss scheduled a Committee of the Whole meeting for June 23 rd. Two recommendations: (1) that an emergency ordinance be prepared to establish and permit the creation of a Dover Canine Unit subject to an memorandum of understanding (MOU) or contract clause agreement with the OLC/FOP, the adoption of an acceptable policy and procedures with retention of management rights, the establishment of a line item for receipt of donations and pay some of the expenditures related to the K-9 canine unit and to retain car # 6, VIN 2FABP7BV1BX159528, as the canine unit vehicle, (2) that an emergency resolution by prepared authorizing the Law Director to request forfeiture of unclaimed funds held at the Dover Police Department; the deposit of those funds into the Law Enforcement Trust Fund to be used as directed by council; the sale or disposition of unclaimed evidentiary items no longer needed by the Dover Police Department by sale at the police auction if the items have value, destruction of the items if there is no value or use by the Police Department or the City of Dover if the items can be used. Moss welcomed John. Planning, Zoning & Codes Mueller No formal report. Mueller welcomed Mr. McFadden. Finance Maurer No formal report. Maurer scheduled a finance committee meeting for July 21 st at 6:45 pm to discuss supplemental appropriations. On behalf of the utility committee Maurer said he would like legislation introduced at the previous meeting read tonight. Parks & Recreation Perkowski Perkowski welcomed Mr. McFadden and offered belated congratulations to Mr. Gunnoe. No formal report. Perkowski reported that Scott Jerles and the Dover city employees defeated New Philadelphia employees at the First Town Days festival. Human Resources Correll No formal report. Correll welcomed John and said he thinks McFadden will be a good man for this council.

2 ADMINISTRATION REPORTS: Page Two Mayor Homrighausen Mayor Homrighausen reported that he was in Denver last meeting and welcomed President Gunnoe and Councilman McFadden. Two requests for assignments: (1) a request for a committee assignment to look into the position of Safety/Human Resources Director of the City of Dover with the distributed classification specifications by Mayor Homrighausen, (2) a request for a committee assignment to discuss and recommend approval of the Joint Solid Waste District Solid Waste Management s Plan Update. All pertinent information was given as well as a sample ordinance. Mayor Homrighausen announced the opening of the 35 th Annual Dover Farmer s Market. The Mayor discussed proposed ordinance stating that the Dover electric rates increase is recommended by SSOE, Dover s electrical consulting engineers as a result of the cost of service study recently completed by SSOE. The last increase was in The Mayor requested that council read the ordinance for the first time this evening and then suspend and pass on its second reading at the next council meeting on July 21, Mayor Homrighausen requested that council enters into executive session following legislation for the purpose of discussing land acquisition. Auditor Stoldt No formal report. Stoldt welcomed John. Law Director O Meara O Meara discussed ordinance and stated that it does not rezone the property because of the wording in the statue which says before an ordinance or amendment may be passed there must be at least 30 days notice of the public hearing. We are not rezoning it is already zoned R3, approved for multifamily. The public hearing will be August 11 th at 7:00 pm. Ordinance discussed the canine unit. There is a meeting July 15 th with FOP. Amended resolution is being presented because the county prosecutor wants a date which is August 4 th. O Meara asked to pass on August 4 th. O Meara said legislation may be passed regarding land acquisition following executive session. O Meara asked that council enter into executive session following legislation also for the purpose of discussing pending litigation. Service Director Douglas: Douglas reported that a bid opening was held on June 18 th regarding paving. Newton Asphalt was the lowest bidder at $65 per ton which is down from last year. Douglas said they are in the design phase of the traffic signalization Phase 1. The survey work is almost completed and additional studies of intersections were completed. Douglas welcomed John and said he is looking forward to working with him. Safety Director Tim Tarulli: Tarulli reported that he has been very active over last week getting more familiar with the police and fire captains. He stated that he appreciates all the time the chiefs, staff, Service Director Douglas, Mayor Homrighausen and Auditor Stoldt have spent with him. Tarulli said he is in the process of creating a priority list with the canine unit at the top. He said he is looking for this to be a smooth transition and thanked Tweed Vorhees for being a great mentor and sharing great information with him. City Engineer Dummermuth: No formal report. Electric Field Division Superintendent Tom Johnson No formal report. Electric Generating Superintendent Dave Filippi No formal report.

3 NOTICES & COMMUNICATIONS: Monthly Reports from Auditor Stoldt None. Page Three Notices and Communications Police Chief Joseph Ball turned in his departments May 2014 report. PREAMBLES: Amended Emergency Resolution 11-14, Emergency Ordinance 31-14, Emergency Ordinance 32-14, Emergency Ordinance 33-14, Emergency Ordinance 34-14, Emergency Ordinance 35-14, Emergency Ordinance 36-14, Emergency Ordinance AUDIENCE: Georg Walter, 200 Jessica Drive Dover, said he was in attendance to express his concerns over the proposed Camden Park PUD specifically the landscaping between the property and road. He asked if this is going to cause water problems like that created in the Angel addition. Walter asked where is the water going to go on my land and in my house? Mayor Homrighausen stated that as far as we know the landscaping will all be done in one shot. There is a water retention on site plan underground which will allow water to go out in a metered manner. Homrighausen said that we can talk with the developer but he saw no reason why he would do any landscaping that would slope toward your property. Walter asked if it s going to be half done and left like it was with just dirt and weeds. The Mayor said he will check to see if the current ordinance we have should be sufficient. Mary Jo Monte-Kaser, Director of Tuscarawas River Canoe and Kayak Race. The 4 th race is this Saturday at 10:00 am. Monte-Kaser said they are revitalizing the River Front in Dover and invited everyone to come watch the race and see what has been going on there. She thanked the Boat and Ski Club, the Dover Service Department, Fire Department and the Historic Dover Canal Association specifically Bob Mueller. RECOMMENDATIONS: A recommendation from Sandy Moss, Chairwoman of the Safety Committee, that an emergency ordinance be prepared to establish and permit the creation of a Dover Canine Unit subject to an memorandum of understanding (MOU) or contract clause agreement with the OLC/FOP, the adoption of an acceptable policy and procedures with retention of management rights, the establishment of a line item for receipt of donations and pay some of the expenditures related to the K-9 canine unit and to retain car # 6, VIN 2FABP7BV1BX159528, as the canine unit vehicle. Motion by Moss to accept. Seconded by Perkowski. Discussion. Motion carried. Accepted. A recommendation from Sandy Moss, Chairwoman of the Safety Committee, that an emergency resolution by prepared authorizing the Law Director to request forfeiture of unclaimed funds held at the Dover Police Department; the deposit of those funds into the Law Enforcement Trust Fund to be used as directed by council; the sale or disposition of unclaimed evidentiary items no longer needed by the Dover Police Department by sale at the police auction if the items have value, destruction of the items if there is no value or use by the Police Department or the City of Dover if the items can be used. Motion by Moss to accept. Seconded by Correll. Discussion. Motion carried. Accepted.

4 Page Four A recommendation from Donald Maurer, temporary Chairman of Utility Committee, that an emergency ordinance be prepared to establish the Dover Municipal Electric system cash reserve policy. Motion by Maurer to accept. Seconded by Correll. Discussion. Motion carried. Accepted. ASSIGNMENTS: A request for a committee assignment by Mayor Homrighausen to look into the position of Safety/Human Resources Director of the City of Dover with the distributed classification specifications by Mayor Homrighausen to COMMITTEE OF THE WHOLE. A request for a committee assignment by Mayor Homrighausen to discuss and recommend approval of the Joint Solid Waste District Solid Waste Management's Plan Update. All pertinent information was given as well as a sample ordinance to SERVICE. A request for a committee assignment by Mayor Homrighausen that a resolution be drafted thanking Tweed Vorhees for his many years of service to the City of Dover to HUMAN RESOURCES. A request for a committee assignment by Greg Bair that a committee be created through the guidance of the Parks and Recreation Department to organize a 2015 River Fest to PARKS AND RECREATION. UNFINISHED BUSINESS: Mayor Homrighausen asked that an assignment be made to the human Resources committee to draft a resolution thanking Tweed Vorhees for his years of service to the City of Dover. Motion by Mueller to enter into executive session following legislation for the purpose of land acquisition and pending litigation. Seconded by Correll. Discussion. Roll call. 7 yeas. Motion carried. Executive Session. LEGISLATION: Amended Emergency Resolution up for First Reading. An emergency resolution to commit the City of Dover to maintain non-state highways (except as required to share costs under Ohio law with ODOT for state highways) if the Vale Street/Troyer/Angel/et al annexation of approximately acres more or less under and contiguous to State Route 39 is approved by the Tuscarawas County Commissioners, accepted by the Dover Planning and Zoning Commission, Dover City Council and the Mayor. Motion by Mueller to recall Resolution Seconded by Moss. Discussion. Roll call. 7 yeas. Motion carried. Recalled. Motion by Mueller to amend to include under section I but no later than August 4, Seconded by Moss. Discussion. Roll call. 7 yeas. Motion carried. Amended. Motion by Mueller to suspend the rules. Seconded by Correll. Discussion. Roll call. 7 yeas. Motion carried. Suspended. Motion by Mueller to pass. Seconded by Correll. Discussion. Roll call. 7 yeas. Motion carried. Passed. Emergency ordinance up for Third Reading. An emergency ordinance to amend Dover Codified Ordinance Section by the amendment to (c) as stated in body of this ordinance. Motion by Mueller to pass. Seconded by Moss. Discussion. Roll call. 7 yeas. Motion carried. Passed.

5 Page Five Emergency ordinance up for First Reading. An emergency ordinance to approve the Camden Park Planned Unit Development (PUD) as approved by the Dover Planning Commission on May 13, 2014 of the original Edgewood first addition lot 4490, PPN # , pending a final approval of the bylaws, plat and utilities by the planning commission of the PUD and to construct 4 triplexes and 7 duplexes, consisting of 26 units, on 2.64 acres of property. Motion by Mueller to hold. Seconded by Moss. Discussion. Motion carried. Held. Emergency ordinance up for First Reading. An emergency ordinance to establish the Dover Municipal Electric System Cash Reserve Policy. Motion by Maurer to hold. Seconded by Correll. Discussion. Motion carried. Held. Emergency ordinance up for First Reading. An emergency ordinance to reset the rates for electric use provided by Dover Electric and Light Utility as stated in the body of this ordinance. Motion by Maurer to hold. Seconded by Correll. Discussion. Motion carried. Held. Emergency ordinance up for First Reading. An emergency ordinance to authorize the disposition, sale, or forfeiture of property and monies held in the safe of the Dover Police Department and the Dover Police Department evidence room. Motion by Moss to hold. Seconded by Perkowski. Discussion. Motion carried. Held. Emergency ordinance up for First Reading. An emergency ordinance to establish and permit the creation of a Dover Canine Unit subject to an memorandum of understanding (MOU) or contract clause agreement with the OLC/FOP, the adoption of an acceptable policy and procedures with retention of management rights, the establishment of a line item for receipt of donations and pay some of the expenditures related to the K-9 canine unit and to retain car # 6, VIN 2FABP7BV1BX159528, as the canine unit vehicle. Motion by Moss to hold. Seconded by Correll. Discussion. Motion carried. Held. Regular council session break at 8:30 pm for Executive Session. Executive Session began at 8:35 pm. Council resumed at 9:05 pm. President Gunnoe asked for any unfinished business. A recommendation from Donald Maurer that an emergency ordinance be prepared authorizing the Mayor to execute a purchase agreement in substantial compliance with the purchase agreement attached as Appendix A and pursuant to appraisal attached as Appendix B. Motion by Maurer to accept. Seconded by Mueller. Discussion. Motion carried. Accepted. Emergency Ordinance up for First Reading. An emergency ordinance authorizing the Mayor to execute a purchase agreement in substantial compliance with the purchase agreement attached as Appendix A and pursuant to appraisal attached as Appendix B. Motion by Moss to suspend the rules. Seconded by Maurer. Discussion. Roll call. 7 yeas. Motion carried. Suspended. Motion by Moss to pass. Seconded by Maurer. Discussion. Roll call. 7 yeas. Motion carries. Passed. Motion by Moss to adjourn. Seconded by Perkowski. Discussion. Motion carried. Adjourned at 9:10 pm.

6 Page Six CLERK OF COUNCIL Julie Leggett PRESIDENT OF COUNCIL Shane Gunnoe

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