12. RESOLUTIONS: None

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1 NEW CARLISLE CITY COUNCIL AGENDA Regular Council Meeting, Tuesday, January 2, 7:00pm Smith Park Shelter House, 801 W. Jefferson Street, New Carlisle, Ohio 1. CALL TO ORDER: Mayor Lowrey 2. INVOCATION: TBD 3. PLEDGE OF ALLEGIANCE: 4. COMMENTS from MAYOR LOWREY 5. OATH OF OFFICE by Clerk of Council to Mr. Bill Cook and Mr. Ron Cobb 6. ROLL CALL: Clerk of Council 7. ELECTION OF MAYOR and VICE MAYOR **The appointment of the Clerk of Council and the Acting Clerk of Council will be postponed until after City Council interviews for the open position** 8. ACTION on MINUTES: Regular Meeting on December 12/18/17 9. COMMUNICATIONS: None 10. CITY MANAGER S REPORT: Attached 11. COMMENTS MEMBERS OF PUBLIC: Please limit comments to 5 minutes or less. 12. COMMITTEE REPORTS: None 12. RESOLUTIONS: None 13. ORDINANCES: (0 Intro; 1 Action) A. Ordinance 17-56: (Public Hearing and Action Tonight) AN ORDINANCE DECLARING IT NECESSARY TO LEVY IN EXCESS OF THE TEN MILL LIMITATION AND TO PLACE ON THE MAY 8, 2018 BALLOT A 3.0 MILL ADDITIONAL LEVY FOR 5 YEARS FOR THE NEW CARLISLE FIRE/EMS DEPARTMENT 14. OTHER BUSINESS: a. City Offices Closed: Monday, January 15 th in honor of Martin Luther King Day. 15. EXECUTIVE SESSION: None 16. ADJOURNMENT Next Regular Meeting of the City Council will be Tuesday, January 16, 7:00pm at Smith Park Shelter House, 801 West Jefferson Street, New Carlisle (

2 Oath of Office City of New Carlisle City Council I,, do hereby solemnly swear (or affirm) that I shall support the Constitution of the United States and the Constitution of the State of Ohio, and that I shall faithfully, honestly, and impartially discharge the duties of Member of Council for the City of New Carlisle, Ohio, for the term ending, to which I have been elected. Signed: Witness: Date:

3 Mayor and Vice Mayor New Carlisle City Charter Section Mayor. At the first regular Council meeting in January, Council shall elect, from among its membership a Mayor to serve for a term of two (2) years, and until a successor is sworn into office. The Mayor shall continue to serve as a regular Council member, having a vote on all matters which come before the Council but shall have no power of veto. The Mayor shall be the ceremonial and representative head of the City, but shall exercise no administrative authority. The Mayor shall have all judicial powers and other powers and privileges to which a Mayor is entitled by the Constitution and Laws of Ohio generally, and by the laws of Ohio to Mayors and Municipalities. The Mayor shall be recognized by the Governor of the State for purposes of military law, and by the Courts for civil processes involving the City. The Mayor shall serve as presiding officer of Council and shall preside at all Council meetings when in attendance. The Mayor shall perform such other duties as may be prescribed by ordinance(s) which are not inconsistent with the provisions of this Charter. A Council member may serve as Mayor for no more than two (2) full consecutive terms. (Amended Nov. 3, 1998; Nov. 7, 2006) Section Vice Mayor. At the time of electing the Mayor, the Council shall also elect one of its members to serve as Vice Mayor for a term of two (2) years, and until a successor is sworn into office. The Vice Mayor shall preside at all Council meetings when the Mayor is not in attendance, and shall have a vote on all matters which come before the Council. The Vice Mayor shall also perform the duties of the Mayor in that person's absence, and such other duties as may be assigned to the office by ordinance(s) and which are not inconsistent with this Charter. A Council member may serve as Vice Mayor for no more than two (2) full consecutive terms. (Amended Nov. 3, 1998; Nov. 7, 2006)

4 (12/18/17) (3253) RECORD OF PROCEEDINGS Minutes of: Council of the City of New Carlisle, Ohio Regular Meeting Held: Monday, December 18, 2017 PLEASE NOTE COUNCIL AND ADMINISTRATION: Upon typing the minutes it was discovered that the tape recording/audio of this meeting was of very poor quality; the entire tape was not usable due to a loud buzzing interference. At that point, I switched over to viewing the on-line video of the meeting, only to find it too presented a very low audio quality, also with a high level of interference at times, making it difficult to hear comments from Council Members. At times the quality of the audio was excellent for Administration, but overall, Council comments were extremely difficult to hear due to the interference and often sounded muffled and very difficult to understand. #1: CALL TO ORDER: This Meeting of Council was called to order at 7pm by Mayor Mike Lowrey. #2. ROLL CALL: The Acting Clerk of Council, Howard Kitko, then called the Roll: PRESENT: MAYOR MIKE LOWREY; MR. REYNOLDS; MR. LINDSEY; MR. LEIGHTY; MR. LEATHLEY; MR. RICK LOWREY; MR. JOHN KRABACHER. 7 Members Present. STAFF PRESENT: City Manager, Randy Bridge; Howard Kitko, Service Director and Acting Clerk of Council; Colleen Harris, Finance Director; Fire Chief, Steve Trusty; Law Director, Lynnette Dinkler; and Police Administrator, Sgt. Underwood. #3. INVOCATION: Presented by Council Member, Ethan Reynolds. #4. PLEDGE OF ALLEGIANCE. #5. ACTION ON MINUTES: REGULAR MEETING 12/4/17: A MOTION WAS MADE BY CM LINDSEY, TO ADOPT THE MINUTES OF THE REGULAR MEETING OF 12/4/17 AS WRITTEN, WITH A SECOND BY CM REYNOLDS. No discussion or comments from Council. VOTE: YEA 7. MR. LINDSEY; MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY; MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS. NAY 0. MINUTES PASSED 7-0. #6. COMMUNICATIONS: PROCLAMATION HONORING FIRST RESPONDERS BY MAYOR LOWREY Mayor Lowrey the read the proclamation and presented it to Fire Chief Steve Trusty in the front of the Council Table. #7. CITY MANAGER S REPORT: ========================================================================== TO: Mayor, Vice Mayor, City Council, Residents, and Business Owners FROM: Randy Bridge, City Manager DATE: December 15, 2017 to December 18, 2017 =========================================================================== Items that should be reported to or discussed with Council are indicated with an asterisk (*) and organized under separate headings. Council members may bring any other item up for discussion.

5 A. ACTION REPORT B. FINANCE DISCUSSION: Finance Director, Colleen Harris, shared the NOVEMBER 2017 FINANCE REPORT with Council and the Audience, as follows: COUNCIL FINANCIAL REPORT SUMMARY NOVEMBER 2017 November Total Revenue: $ 289, November Total Expenses: $ 430, Year-To-Date Total Revenue Collected: $ 5,188, Year-To-Date Total Expenses: $ 4,251, General Fund Income Tax $ 78, Year To Date GF Income Tax $ 870, Police Levy Income Tax $ 39, Year To Date Police 0.5% Tax $ 433, $ 117, $ 1,304, (12/18/17) (3254) COLLECTIONS AS OF If you have any questions on preparing forms, paying estimated payments or any other question, please call our office at extension #15 Monday through Friday between 8am to 5pm. Our Tax Administrator, Vicki Taylor is available to assist you. General Fund Revenue General Fund Expenditures Month Revenue Received Month Expenses Paid January $ 10, GF Revenue January $ 56, February $ 96, % February $ 45, March % March $ 49, April $ 83, % April $ 42, May $ 152, % May $ 258, June $ 155, June $ 73, % July $ 123, July $ 55, % August $ 164, August $ 99, September $ 97, % September $ 65, October $ 86, % October $ 87, November $ 84, % November $ 99, December 91% December 90% Received to Date $ 1,209, Paid to Date $ 934, Est. Rev $ 1,295, Budget $ 1,312, GF Expenditures 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Percent Collected 93% Percent Expended 71% Respectfully Submitted Colleen Harris, Finance Director Upon completion of her report, Mrs. Harris responded to several questions from Council Members as follows: CM Leathley ask if a report could be provided at the end of the year comparing the cost of using CCA for Income Tax Collection in 2017, verses what it cost the City to do so in house in 2016; (his second question was not understood by this recorder due to the quality of the audio). CM Krabacher asked a question about the November revenues and expenditures; he wanted to know why the expenditures for November were much higher than the revenues collected in November; FD Harris responded by sharing that a number of bond payments came due in November of which caused the higher amount of expenditures.

6 Additional questions were also asked by CM Krabacher and CM Reynolds regarding the Finance Report that could not be understood due to the quality of the audio. Several CM s asked questions regarding snow removal practices that were difficult to hear; Mr. Kitko responded with a detailed explanation of the procedures, specifically explaining the procedures and priorities of salting the streets. No further comments or questions from Council. C. SERVICE DISCUSSION: Service Director, Howard Kitko presented his December 18 th Service Report to Council and the Audience. Upon completion of his report, several CM s asked questions regarding snow removal practices that were difficult to hear; Mr. Kitko responded with a detailed explanation of the procedures, specifically explaining the procedures and priorities of salting the streets. No further comments or questions from Council. (THE SERVICE REPORT IS ATTACHED TO THESE MINUTES AS ATTACHMENT A.) D. PLANNING/ZONING DISCUSSION: NONE E. FIRE DISCUSSION: Fire Chief Trusty presented his November Fire and EMS Report to Council and the Audience. During his report, Chief Trusty shared that the Marx Radios are on target to be put into service at the beginning of January 2018; all the radios are in and he shared that the department would probably, if everything goes well, be switching over at 10am on January 1 st. Upon completion of his report, CM Krabacher congratulated Chief Trusty on the job he is doing with the Fire Department; Mayor Lowrey asked how many times the Lucas Tool has been used; Chief Trusty responded that Lucas Tool has been used seven (7) time since purchased; they have had 4 out of 7 saves in using he tool. Chief Trusty explained that the department would like to purchase a second Lucas Tool and explained why and how the tool would be utilized. CM Lindsey asked a question of what grants were available to purchase a Lucas Tool; Chief Trusty explained that there are all kinds of grants out there and shared that grants are already being worked on for CM Krabacher asked about the CIP (Capital Improvement Program) and wanted to know if the Fire Department was planning on purchasing a new fire truck; Chief Trusty explained that yes we are looking at a new engine into the future, but right now we are still paying on the Ladder Truck (3 more years of payments) and I do not feel we can financially handle an additional payment for a fire truck. No further comments or questions from Council. (3255) (12/18/17) F. POLICE DISCUSSION: Police Administrator, Sgt. Underwood was not present at the time of his report due to an incident of which occurred at the City Building prior to the meeting. CMGR Bridge shared that he may be present later in the meeting at which time he could present his report to Council. G. INFORMATIONAL ITEMS UPDATES AT OUR CITY PARKS: CMGR Bridge shared that the Ribbon Cutting Ceremony was held on 15/15/17; he shared it was a great turnout; he estimated 15 to 20 people were present; he thanked Council Member Leathley for representing Council at the ribbon cutting ceremony; CMGR Bridge shared that the baby swings are completed and there to use. WATER SUPERINTENDENT RESIGNATION: CMGR Bridge shared that Jason Rose, the Superintendent of the Water Department has submitted his resignation, effective December 31, 2017; he shared that Jason will be going to the Village of Enon; he shared the City will be seeking a Water Superintendent and that he has posted the position; posting is attached; he also shared that per our Union agreement we have posted that position internally and he expects some applicants from within the City s workforce.

7 MR. GENE COLLIER, CLERK OF COUNCIL: CMGR Bridge shared that Clerk of Council, Gene Collier, has submitted his resignation, effective December 31, 2017; resignation letter is attached. CMGR Bridge then proceeded to read Mr. Collier s letter of resignation to Council and the Audience. CMGR Bridge then shared that it takes a special skill set for someone to step into this position, sharing that you need someone with the knowledge of government and how it works and someone with computer and typing skills to effectively perform this task; he then asked Council if they would be willing to think outside of the box and asked Council the following; If we cannot find someone with the skill set would Council be willing to find someone to sit here and outsource the minutes ; he shared he has a company who would type the minutes for a dollar a minute and they can take it directly from YouTube. CM Reynolds then asked if the City still had the applications of the individuals who applied 4 years ago; CMGR Bridge shared that he could not find any information on the computer regarding the advertise and hiring of a Clerk 4 years ago. UPCOMING: NEW COUNCIL MEMBERS: CMGR Bridge welcomed New Council Members, Mr. Cook and Mr. Cobb; he shared that he will distribute the Rules of Council at the 1/2/18 meeting; he asked Council Members to please review the Rules of Council and contact our City Attorney for changes. MAYOR AND VICE MAYOR SELECTION: CMGR Bridge shared that the selection / vote for the selection of the Mayor and Vice Mayor will occur at the first meeting of the year on 1/3/ BUDGET WORK SESSIONS: CMGR Bridge shared that the scheduling of work sessions to discuss the 2018 Operating Budget need to be scheduled in early #8. COMMENTS FROM MEMBERS OF THE PUBLIC: NONE #9. COMMITTEE REPORTS: NONE #10. RESOLUTIONS: RESOLUTION 17-19R: A RESOLUTION ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF NEW CARLISLE, OHIO. A MOTION WAS MADE BY CM RICK LOWREY TO ADOPT RESOLUTION 17-19R AS WRITTEN, WITH A SECOND BY CM KRABACHER. CMGR Bridge explained to Council and the Audience that this is a yearly activity of the City, we develop and update our Capital Improvement Program (CIP); he shared this is the first step in developing our budget for 2018; once this capital improvement program is approved by Council, we will then bring it to our work sessions for discussion and finalization of the 2018 operating budget; after the budget is finalized we can amend or change the CIP at any time. CM Reynolds reiterated again that the CIP is not etched in stone and can be changed at any time. No further comments or questions from Council Members. VOTE: YEA 7: MAYOR MIKE LOWREY; MR. REYNOLDS; MR. LINDSEY; MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY; MR. KRABACHER. NAY 0. RESOLUTION 17-19R PASSED 7-0. #11. ORDINANCES: ORDINANCE 17-48: The Clerk of Council then read Ordinance as written. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE SHERIFF OF CLARK COUNTY, OHIO FOR POLICE PROTECTION WITHIN THE CITY LIMITS OF NEW CARLISLE, OHIO. A MOTION WAS MADE BY CM REYNOLDS TO ADOPT ORDINANCE AS WRITTEN, WITH A SECOND BY CM LINDSEY. CMGR bridge shared that this is an annual Ordinance wherein the City contracts for (12/18/17) (3256)

8 police services with the Clark County Sheriff s Department; the contract will be for four (4) regular uniformed deputy sheriff s; the contract will not exceed $415,306.52; the City will only pay for the pay grade that we use. No further comments or questions from Council Members. VOTE: YEA 7: MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS; MR. LINDSEY; MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY. NAY 0. ORDINANCE PASSED 7-0. ORDINANCE 17-49: The Clerk of Council then read Ordinance as written. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF WATER SOFTENING ROCK SALT. A MOTION WAS MADE BY CM RICK LOWREY TO ADOPT ORDINANCE AS WRITTEN, WITH A SECOND BY CM REYNOLDS. CMGR Bridge shared that this Ordinance is an annual housekeeping wherein the City contracts for water softening rock salt; the best bid submitted was by Cargill in the amount of $ per ton, for the time period of January 1, 2018 through December 31, No further comments or questions from Council Members. VOTE: YEA 7: MR. LINDSEY; MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY; MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS. NAY 0. ORDINANCE PASSED 7-0. ORDINANCE 17-50: The Clerk of Council then read Ordinance as written. AN ORDINANCE AUTHORIZING THE CITY MANAGER AND FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT WITH PNC BANK FOR THE OHIO POOLED COLLATERAL PROGRAM. A MOTION WAS MADE BY CM RICK LOWREY TO ADOPT ORDINANCE AS WRITTEN, WITH A SECOND BY CM REYNOLDS. CMGR Bridge shared that public funds are not FDIC insured, so what the Bank has to do is set aside the amount of money that is pooled so that the City s money would be approved in cause of abandonment or loss; this Ordinance authorizes the City Manager and Finance Director to enter into an agreement with PNC Bank as required by the Ohio Revised Code Section , the Ohio Pooled Collateral Program. No further questions or comments from Council Members. VOTE: YEA 7: MR. LINDSEY; MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY; MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS. NAY 0. ORDINANCE PASSED 7-0. ORDINANCE 17-53: The Clerk of Council then read Ordinance as written. AN ORDINANCE AMENDING SECTION OF THE CODIFIED ORDINANCES OF THE CITY OF NEW CARLISLE REGARDING CHARGES FOR THE USE OF THE MUNICIPAL WATER SUPPLY. A MOTION WAS MADE BY CM LEATHLEY TO AMEND ORDINANCE AS WRITTEN, WITH A SECOND BY CM LEIGHTY. VOTE: YEA 7: MR. RICK LOWREY; MR. LEATHLEY; MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS; MR. LINDSEY; MR. LEIGHTY. NAY 0. MOTION TO AMEND ORDINANCE PASSED 7-0. UPON THE PASSAGE OF THE MOTION TO AMEND ORDINANCE 17-53, CM LINDSEY MADE THE MOTION TO ADOPT ORDINANCE AS AMENDED, WITH A SECOND BY CM REYNOLDS. CMRG Bridge explained that Council voted at the previous meeting to introduce Ordinance regarding charges for the use of city water; at that time we did not have the excel sheet to plug in the numbers as agreed upon by Council; during the work session Council review four (4) scenarios for water rates; Council agreed to a hybrid and combine two (2) scenarios; we did not have the spread sheet to effectively plug the new numbers in and come up with the agreed upon scenario; the next morning we plugged the numbers in; the rates are not changing, changes were made to the repayment plan to pay back the loan from the general fund and when the actual new dates begin for the water rate charges. No further comments or questions from Council Members. VOTE: YEA 7: MR. LINDSEY; MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY; MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS. NAY 0. ORDINANCE AS AMENDED PASSED 7-0. (ORDINANCE AS PASSED AND AMENDED BY COUNCIL IS ATTACHED TO THESE MINUTES AS ATTACHMENT C).

9 ORDINANCE 17-54E: The Clerk of Council then read Ordinance 17-54E as written. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH FABMETALS, INC., AND DECLARING AN EMERGENCY. A MOTION WAS MADE BY CM REYNOLDS TO ADOPT ORDINANCE 17-54E AS WRITTEN, WITH A SECOND BY CM LEATHLEY. CMGR Bridge explained that this Ordinance involves Fab Metals, who is going to be entering into a massive expansion of its current site; they are building approximately a 40,000 square foot new facility next to where they currently are; it is a common function of a City or Governmental Entity to offer incentives to encourage the company to develop or expand in the City; known as an Enterprise Agreement; we will provide them with a decrease or break in their property taxes; at the last meeting Council voted to provide them with a decrease in their City Income Taxes; (12/18/17) (3257) CMGR Bridge shared that New Carlisle is very proud to have the Fab Metals business in the City and we are pleased to enter into this Enterprise Agreement with them. No further comments or questions from Council. VOTE: YEA 7: MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS. MR. LINDSEY; MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY. NAY 0. ORDINANCE 17-54E PASSED 7-0. ORDINANCE 17-55E: The Clerk of Council then read Ordinance 17-55E as written. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A RELEASE AGREEMENT WITH THE JEFFERSON HEALTH PLAN, AND DECLARING AN EMERGENCY. CMGR Bridge shared with Council and the Audience that the City Attorney has suggested we table this Ordinance and as a result we will not be doing anything with it at this time. A MOTION WAS MADE BY CM LEIGHTY TO TABLE ORDINANCE 17-55E, WITH A SECOND BY CM LINDSEY. VOTE: YEA 7: MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY; MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS; MR. LINDSEY. NAY 0. MOTION TO TABLE ORDINANCE 17-55E PASSED 7-0. At approximately 7:50 pm, Sgt. Underwood arrived at the meeting; he shared he was dealing with a person who was acting suspiciously around the City Building. As a result, he shared his November Police Report with Council. Sgt. Underwood shared a letter from Sheriff Burchett; a letter to Deputy Crews and Deputy Allender; the letter was from Ron Grout, who commended Deputy Crews and Deputy Allender for their work in saving his Mother-In-Law who was not breathing. (THE NOVEMBER POLICE REPORT IS INCLUDED IN THESE MINUTES AS ATTACHMENT B). #12. OTHER BUSINESS: Acting Clerk of Council, Howard Kitko, then read the other business items: A. CONGRESSMAN WARREN DAVIDSON: Will hold Mobile Office Hours at the City Building on the fourth Tuesday of each month from 1:30PM until 2:00PM. B. CITY OFFICES CLOSED: December 25-26, 2017 and January 1, C. DISCUSSION ON FIRE/EMS LEVY to include possible legislation introduction. Prior to the discussion on the Fire/EMS Levy, Mayor Lowrey made a comment of which this writer was unable to comprehend due to the quality of the audio. However, I was able to understand his congratulations of out-going Council Members, Rick Lowrey and John Krabacher; Council Members, the Audience, and Administration gave Rick and John a round of applause for their service to the City. Prior to the discussion on the Fire/EMS Levy, CMGR Bridge provided Council and the Audience with a copy of a spreadsheet as developed by Fire Chief Trusty and the City Manager; the spreadsheet provided figures involving Pay Class Average vs. New Carlisle Pay Basic, Advanced and Medic Fire Fighters and EMT s; Pay Increases that would be needed to stay competitive; Needed New Capital Purchases; and Projected 2018 Ending Fund Balances. Fire Chief Trusty

10 explained as asked by Mayor Lowrey what the distinction was between Basic, Advanced, and Medic Staff. CMGR Bridge shared, when looking at these figures it is clearly time to do something to solidify the Fire Department; he feels this is the route to Council needs to take in placing a new levy on the ballot for 2018; we are under a time frame, we need to get everything to the Clark County BOE by February 7, 2018; he was proposing that Ordinance get introduced tonight to keep Council on that timeline and be voted on at the first meeting in January. CMGR Bridge shared this Levy is for 5 years. AT THIS TIME, A MOTION WAS MADE BY CM REYNOLDS TO SUSPEND THE RULES OF COUNCIL TO ALLOW FOR THE INTRODUCTION OF ORDINANCE 17-56, WITH A SECOND BY CM LINDSEY. VOTE: YEA 7: MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY; MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS; MR. LINDSEY. NAY 0. MOTION TO SUSPEND THE RULES OF COUNCIL PASSED 7-0. ORDINANCE 17-56: The Clerk of Council then read Ordinance as written. AN ORDINANCE DECLARING IT NECESSARY TO LEVY IN EXCESS OF TEN MILL LIMITATION AND TO PLACE ON THE MAY 8, 2018 BALLOT A 3.0 MILL ADDITIONAL LEVY FOR 5 YEARS FOR THE NEW CARLISLE FIRE/EMS DEPARTMENT. (Public Hearing and Action on 1/2/18). #13. EXECUTIVE SESSION: TO ADJOURN INTO EXECUTIVE SESSION FOR THE PURPOSE OF CONFERENCING WITH THE LAW DIRECTOR CONCERNING PENDING LITIGATION. A MOTION WAS MADE BY CM LINDSEY TO ENTER INTO EXECUTIVE SESSION FOR THE PURPOSE OF CONFERENCING WITH THE LAW DIRECTOR CONCERNING PENDING LITIGATION, WITH A SECOND BY CM LEATHLEY. Council entered into Executive Session at approximately 8:30 pm. Prior to the vote, CMGR Bridge explained that new elected Council Members, Mr. Cook and Mr. Cobb, need to be present (12/18/17) (3258) for the executive session. VOTE: YEA 7: MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS; MR. LINDSEY; MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY. NAY 0. MOTION TO ENTER EXECUTIVE SESSION PASSED 7-0. A MOTION WAS MADE BY CM LEATHLEY TO LEAVE EXECUTIVE SESSION, WITH A SECOND BY CM LINDSEY. VOTE: YEA 7: MR. LEIGHTY; MR. RICK LOWREY; MR. LEATHLEY; MR. KRABACHER; MAYOR MIKE LOWREY; MR. REYNOLDS; MR. LINDSEY. NAY 0. MOTION TO LEAVE EXECUTIVE SESSION PASSED 7-0. #14. ADJOURNMENT: CM LINDSEY Clerk of Council, City of New Carlisle Mayor, City of New Carlisle

11 CITY OF NEW CARLISLE LEGAL NOTICE Posted in the New Carlisle News on 12/21/17. Notice is hereby given that the Council of the City of New Carlisle passed the following legislation on December 18, RESOLUTION 17-19R: A RESOLUTION ADOPTING A CAPITAL IMPROVEMENT PROGRAM FOR THE CITY OF NEW CARLISLE, OHIO. ORDINANCE 17-48: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE SHERIFF OF CLARK COUNTY, OHIO FOR POLICE PROTECTION WITHIN THE CITY LIMITS OF NEW CARLISLE, OHIO. ORDINANCE 17-49: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR THE PURCHASE OF WATER SOFTENING ROCK SALT. ORDINANCE 17-50: AN ORDINANCE AUTHORIZING THE CITY MANAGER AND FINANCE DIRECTOR TO ENTER INTO AN AGREEMENT WITH PNC BANK FOR THE OHIO POOLED COLLATERAL PROGRAM. ORDINANCE 17-53: AN ORDINANCE AMENDING SECTION OF THE CODIFIED ORDINANCES OF THE CITY OF NEW CARLISLE REGARDING CHARGES FOR THE USE OF THE MUNICIPAL WATER SUPPLY. ORDINANCE 17-54E: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH FABMETALS, INC., AND DECLARING AN EMERGENCY. Notice is hereby given that the Council of the City of New Carlisle introduced the following new legislation on December 18, ORDINANCE 17-56: AN ORDINANCE DECLARING IT NECESSARY TO LEVY IN EXCESS OF TEN MILL LIMITATION AND TO PLACE ON THE MAY 8, 2018 BALLOT A 3.0 MILL ADDITIONAL LEVY FOR 5 YEARS FOR THE NEW CARLISLE FIRE/EMS DEPARTMENT. The next Regular Meeting of the New Carlisle City Council will be on TUESDAY, JANUARY 2, 2018, and will begin at 7 PM at Smith Park Shelter House, 801 West Jefferson Street, New Carlisle, Ohio, at which time and place any interested person may be heard. GENE COLLIER, CLERK OF COUNCIL CITY OF NEW CARLISLE, OHIO

12 City Manager s Report =============================================================== TO: FROM: Mayor, Vice Mayor, City Council, Residents, and Business Owners Randy Bridge, City Manager DATE: December 29, 2017 for January 2, 2018 ============================================================================ Those to be discussed are indicated with an asterisk (*). Council members may bring any other item up for discussion. Items that should be reported to or discussed with Council are organized under separate headings. ACTION REPORT B. FINANCE DISCUSSION C. SERVICE DISCUSSION D. PLANNING/ZONING DISCUSSION E. FIRE DISCUSSION F. POLICE DISCUSSION *G. INFORMATIONAL ITEMS 2018 City Council Meeting and Pay Dates (Attached) Rules of Council (Attached) City Council will review and adopt by Resolution at next City Council meeting on Tuesday, January 16, 2018 This vote may be delayed should members of City Council amend sections of the Rules of Council due to legal review Clerk of Council Applicants One application received as of 12/28/17 Copies of this applicants qualifications have been submitted to City Council for review

13 2018 Pay and Meetings Dates City Council 2018 Council Pay Dates 2018 Council Meeting Dates Thursday, January 25, 2018 Tuesday, January 2, 2018 Monday, July 2, 2018 Thursday, February 22, 2018 Tuesday, January 16, 2018 Monday, July 16, 2018 Thursday, March 22, 2018 Monday, February 5, 2018 Monday, August 6, 2018 Thursday, April 19, 2018 Tuesday, February 20, 2018 Monday, August 20, 2018 Thursday, May 17, 2018 Monday, March 5, 2018 Tuesday, September 4, 2018 Thursday, June 28, 2018 Monday, March 19, 2018 Monday, September 17, 2018 Thursday, July 26, 2018 Monday, April 2, 2018 Monday, October 1, 2018 Thursday, August 23, 2018 Monday, April 16, 2018 Monday, October 15, 2018 Thursday, September 20, 2018 Monday, May 7, 2018 Monday, November 5, 2018 Thursday, October 18, 2018 Monday, May 21, 2018 Monday, November 19, 2018 Thursday, November 29, 2018 Monday, June 4, 2018 Monday, December 3, 2018 Thursday, December 27, 2018 Monday, June 18, 2018 Monday, December 17, 2018

14 Document History: Revised 01/20/04 Reviewed 01/04/10 Reviewed Revised RULES OF COUNCIL CITY OF NEW CARLISLE, OHIO SECTION I: MEETINGS A. Regular Meetings Regular Meetings shall be held every first and third Monday of each month at 7:00 P.M. When the date of a regular meeting is determined to create a conflict, or falls on a holiday observed by the City, Council may, by majority vote, change the date and/or hour and issue proper notices thereof. B. Special Meetings The Mayor, Vice-Mayor, City Manager or at least four (4) members of Council may call for a special meeting. If Council membership should fall to five (5) or less, a simple majority may call a special meeting. The special meeting may be called upon at least a twelve (12) hour written notification to all Council Members. This notice may be delivered to each Member personally or left at his or her place of residence, and should generally state the subjects to be discussed at the meeting. Every effort shall also be made to contact the Member by telephone, , and in other ways. Written notice to any Member may be waived by that Member. C. Closed Sessions/Executive Sessions All meetings during which official business is conducted will be held in public. However, Council may convene in a closed or executive session to discuss those matters which are permitted by section (G) of the Ohio Revised Code.

15 SECTION II: NOTIFICATION OF MEETINGS A. Upon establishment of special meetings, the City Manager, Council Members, and the public shall be notified. Notification shall be made by posting a notice at the City Building, by contacting a newspaper of general circulation within the City, any requesting media organization, and others regularly notified of meetings. SECTION III: AGENDA A. The Clerk of Council, in conjunction with the City Manager, the Law Director and the Council, shall prepare and distribute the meeting agenda, listing the items for discussion and the order of business for the meeting. B. In order for an item to be included on the agenda, it must be submitted to the Clerk or the City Manager no later than three (3) working days preceding the meeting date. C. A copy of all Ordinances or Resolutions must be made available to all Council Members, the Clerk, and any department head whose department may be involved in the legislation, a minimum of forty-eight (48) hours prior to the Council meeting at which the legislation is to be introduced. D. An item that does not appear on the agenda shall not be acted upon without suspension of the Rules of Council. E. No letter or communication to Council shall be considered or acted upon by Council unless the letter or communication has been signed by its sender. F. Subsections B, C, & D are not applicable in regard to emergency legislation. SECTION IV: PRESIDING OFFICER AT MEETINGS A. The Mayor, selected in the manner set forth by the City Charter (Section 4.04), shall assume the duties and responsibilities contained therein, and shall act as Presiding Officer over all Council Meetings. B. The Vice-Mayor, selected in the manner set forth by the City Charter (Section 4.05), shall assume the duties and responsibilities contained therein and perform the duties of Mayor in the Mayor s absence, including that of Presiding Officer. C. In the case of absence of both the Mayor and Vice-Mayor at a Council meeting, the Council shall select a Temporary Presiding Officer by a majority vote of Members present.

16 D. The Presiding Officer shall preserve decorum and decide all questions of order, subject to appeal to Council, by any one of its Members. Should any Member transgress these rules of Council, the Presiding Officer shall, or any Member may, call him or her to order, and in the latter instance, the Presiding Officer shall render a decision as to the point of order. The Presiding Officer shall be sustained unless overruled by a majority vote of Council Members present. E. Addressing the Presiding Officer A Member of Council shall address the Presiding Officer when requesting permission to speak. The Presiding Officer shall then declare the person entitled to the floor. All discussion shall be confined to the question under debate. Members of the audience will also request permission to address Council from the Presiding Officer, and should do so by raising their hand(s). SECTION V. THE CLERK OF COUNCIL A. Council shall select a Clerk and one or more Acting Clerks in accordance with the City Charter (Section 4.09). SECTION VI. MEETING PROCEDURE A. The order of business by the Council shall be: (1) Call to Order (2) Roll Call (3) Invocation (4) Pledge of Allegiance (5) Action on Minutes of previous meeting(s) (6) Communications (7) City Manager s Report (8) Comments from Members of the Public (9) Committee Reports (10) Resolutions (11) Ordinances (12) Other Business (13) Executive Session As a courtesy to the audience, the presiding officer should announce if any additional business is anticipated after executive session. (14) Return to regular session (15) Adjournment

17 SECTION VII: VOTING A. Quorum A majority of Council Members must be present at any meeting for official and valid business to be conducted, except as otherwise provided by the City Charter. B. Absences If a Council Member is to be absent from a meeting and desires to be excused from that meeting, the Member shall communicate that information to the Mayor or the Vice Mayor as early as possible prior to that meeting, and should specify the reason(s) for said absence. If unable to contact them, the Member shall contact any other Council Member or the City Manager. Having received such request, the Mayor, or Vice Mayor, or other Council Member or City Manager shall present that information during the other business portion of the meeting from which the Member wishes to be excused. C. Voting Procedure Voting on all proposed legislation and motions shall be oral and in open Council. The Clerk of Council shall call the roll, beginning with the member seated to the left of the member who made the motion. Members may signify approval with a Yes vote, disapproval with a No vote, or Abstain for reasons such as: (1) The Member feels his or her vote would constitute a conflict of interest. (2) The Member was not present at the previous meeting (re: minutes). When a Council Member chooses to abstain, he or she shall state, I abstain because, indicating the reason for the abstention. No other comments shall be in order during the voting procedure. The Clerk of Council shall announce the result and the vote immediately after the roll call. D. Voting on Suspension of Rules Suspensions of these Rules of Council shall require a two-thirds (2/3) vote of Council Members present. E. Dissent from Majority Opinion Any Member of Council may dissent or protest a decision of the majority of Council, or any Ordinance, Resolution, or Motion, and may have that dissent entered into record. Such dissent may be oral or written and shall be presented at the next meeting following the action on such Ordinance, Resolution, or Motion.

18 F. Reconsideration Any Member who voted with the prevailing side on the vote on a given action of Council may move a reconsideration of that action, provided that the motion be made not later than the next regular meeting after the action was taken. A motion to reconsider shall be in order at any time except when a motion on some other subject is standing. A motion to reconsider being laid on the table may be taken up and acted upon at any time when the Council is engaged in transaction of miscellaneous business. No motion to reconsider shall be made more than once on any matter or subject, and the same number of votes shall be required to reconsider the action of the Council as are required to pass or adopt the same. No Motion, Resolution, or Ordinance, having been voted upon, shall be reintroduced within ninety (90) days, except with majority concurrence of Council. SECTION VIII: SPEAKING REGULATIONS A. Each Council Member and person addressing Council during the legislative agenda shall make every effort to confine his or her discussion to the question under debate. Members of Council and members of the audience shall be limited to five (5) minutes and shall not speak more than once on any subject. B. Comments from persons in the audience should be addressed to the Presiding Officer, not to proponents or opponents of any issue, not to city staff, and not to other members of the audience. C. A public meeting or a public hearing is an opportunity for Council to receive input from citizens of the community. It is not the place for a debate between persons in the audience and other citizens, persons in the audience and city staff, or persons in the audience and members of Council. Debating tactics such as demanding answers to questions are frowned upon and may be prohibited. Since the meetings are for input, not an instant dialogue or debate, questions to which Council chooses to respond may well be answered at a subsequent meeting or as decided by the presiding officer. D. The Council reserves the right to put an end to that portion of any meeting or hearing in which comments from the audience are allowed, in order to leave adequate time for Council to proceed with its other business. E. When citizens raise questions or complaints which can be dealt with best by staff or do not require immediate action, arrangements may be made for discussion outside of the meeting. Citizens may, of course, return to a later meeting of the Council to speak to the subject, if they are not satisfied with the response they receive.

19 F. During the public comment part of the agenda, members of the audience may speak on subjects of their choice, addressing comments and questions to the Presiding Officer after being granted the floor, and shall be limited to five minutes. G. Language used shall be appropriate for a public meeting. SECTION IX: LEGISLATION A. Drafting Proposed legislation may be drafted and submitted by any Member of Council and shall be submitted to the Director of Law for review and approval as to form and legality, before submission to the Clerk of Council for further action. B. Ordinances and Resolutions Ordinances and Resolutions that are proposed by any Member of Council will contain the signature of the Member of Council introducing the legislation. Resolutions shall require one reading by title only. Ordinances shall require two readings by title only. Upon the request and approval by a majority of Council, legislation may be read in its entirety. C. Motions of Council Motions shall be used only to expedite the orderly transaction of business of Council and shall not be substituted for Resolutions or Ordinances. The form of all Motions shall be, I move that, followed by the substance of the motion. A second shall be required for any motion except as specifically provided for in a rule, but upon demand of any Member, any motion shall be reduced to writing by the Clerk of Council. Any such motion may be withdrawn by the maker with the consent of the second before it has been amended or voted upon. When a motion is made, it shall be stated by the Presiding Officer before any debate is in order. All motions which have been entertained by the Presiding Officer shall be entered upon the minutes. Precedence of Motions. When a question is before Council, no motion shall be entertained except the following: (1) To adjourn (2) To fix the hours of adjournment (3) To request that discussion on the previous question end and that the motion being considered be voted on (4) To lay on the table (5) To postpone definitely (6) To postpone indefinitely (7) To refer to a committee (8) To amend. These motions shall have precedence in the order indicated. The motion to adjourn and the motion to previous question shall be put to a vote without debate. The motion to fix the hour of adjournment shall be debatable only as to the time of such adjournment. All other motions shall be debatable.

20 A motion to adjourn shall be in order at any time without a second except as follows: (1) When repeated without intervening business or discussion. (2) When made as an interruption of a Member while speaking. (3) When the previous question has been ordered. (4) While a vote is being taken. A motion for the previous question shall require a majority vote of Council Members present. It shall be considered only once; may be renewed after intervening business; shall take precedence over all debatable questions. When the previous question is moved and seconded by one other Member of Council, it shall be stated by the Presiding Officer: Shall the main question be now put? There shall be no further amendment or debate, but pending amendments shall be put in their order before their main question. If the question, Shall the main question be now put? is decided in the negative, the main question remains debatable before Council. A motion to lay on the table (to table) shall dispose finally of all legislation against which it is invoked, but a motion to lay on the table a pending amendment to an Ordinance or Resolution shall not carry the Ordinance or Resolution with it. The motion to lay on the table shall require a majority vote of Council Members present. A motion to postpone to a certain date shall require a majority vote of Council Members present; shall be subject to reconsideration; may be renewed after intervening business; shall be debatable as to the propriety of the postponement, but not upon the merits of the legislation; and may be amended by changing the date. Upon the arrival of the date to which postponed, the legislation shall be considered in the regular order of business. A motion to postpone indefinitely shall have the same effect as the motion to lay on the table and shall require a majority vote of all Council Members present. A motion to postpone indefinitely shall not be reconsidered, shall be debatable, shall open the legislation to debate, may be renewed after intervening, may not be amended or laid on the table, and shall be subject to the previous question. A motion to amend shall be susceptible to but one amendment. An amendment once rejected may not be moved again in the same form. Any Member of Council may call for a division of the question, or the Presiding Officer may direct the same, and the same in either case shall be divided if it comprehends questions so distinct that, one being taken away, the other will stand as an entire question for decision. Questions of privilege shall be: First, those affecting the rights of the Council collectively, and the safety, dignity, and integrity of its proceedings; second, the rights, reputation, and conduct of the Members of Council individually, in their capacity as Council Members. A question of privilege shall have precedence over all questions except a motion to adjourn.

21 SECTION X: COMMITTEES A. Council, shall have the authority to appoint committees, or to establish a Committee of the Whole (Council), for any purpose the Council deems necessary. Such committees shall exist only until their work is completed. SECTION XI: CITY CHARTER OF NEW CARLISLE A. These rules acknowledge the existence of the City Charter of New Carlisle, Ohio. B. In cases of conflict between these Rules and the Charter, the City Charter shall prevail. SECTION XII: ROBERT S RULES OF ORDER A. In the absence of any Council rule or Charter provision upon the matter of business, Council shall be governed by Robert s Rules of Order. SECTION XIII: ADOPTION OF RULES A. These Rules of Council shall be effective upon adoption of a Resolution passed by a two-thirds (2/3) (five) vote of Council. They shall be reviewed and adopted by Council in January after Council elections. SECTION XIV: AMENDMENT TO RULES A. These Rules may be amended by a resolution approved by a two-thirds (2/3) vote (five) of the Council.