Village of Waynesville Council Meeting Minutes May 21, 2012 at 7:30pm Present: Absent: Mayor Dave Stubbs Ms. Sandra Stemple Ms. Joette Hightower Dedden Mr. Richard Elliott Mr. Kyle Fields Ms. Kimberley Kaan Mr. Gary Pelkey Village Staff Present: Jeffrey Forbes (Law Director), Gary Copeland (Acting Village Manager/Chief of Police), Staci Morris (Finance Director/Clerk of Council) CLERK S NOTE - This is a summary of the Village Council Meeting held on Monday, May 21, 2012. Mayor Stubbs called the meeting to order at 7:30pm. Roll Call 7 present Mr. Pelkey led the Pledge of Allegiance. Disposition of Previous Minutes Motion to approve the minutes of the 05/07/2012 meeting Ms. Kaan Public Recognition/Visitor s Comments Old Business Reports (1) Standing Council Committees (a) Finance Committee will meet Monday, June 4 th at 6:30pm (b) Public Works Committee met Monday, May 21 st at 6:00pm and discussed the following: - Creekside Acres sewer line from Hickory Lane to Creekside Acres property. Mr. Federle will contract the project, and the Village will contribute a portion to the line. - asset values on property insurance has been referred to the Finance committee - water on Wilkerson Road an engineer will be out next week to look at the project. - Bellbrook/Chenoweth Road water main extension - Warren County will have the preliminary plans ready in a few weeks for the Village to review. Mr. Stubbs asked Ms. Kaan why the asset values have been referred to Finance Committee. 1
- Ms. Kaan stated that Ordinance 2010-010 is a premium increase of $1009 due to an increase in property values. The Public Works Committee feels that there are discrepancies in the list and would like the adjuster to come up with more correct values. (c) Special Committees The Manager Hiring Committee met May 8 th at 5:00pm. The committee narrowed down the applications to the top nine. The top five have been contacted and Chief Copeland will conduct a background check, hopefully this week. The applicants will be called for interviews hopefully by next Thursday. (2) Acting Village Manager s Report/Police Chief s Report Chief Copeland discussed the following: - attended the Mason and Warren County Police Memorials - judged at the Science Fair on May 10 th - applications are being accepted for reserve officers, as four officers recently accepted fulltime positions in other jurisdictions. Applicants must be OPATA-certified. - Government Center landscaping completed by the Baptist Church youth group. - Village-wide garage sale June 13-15 - Earth & Pipe Contracting will complete the tie-ins on Miami Street. The project is to begin in the first two weeks of June and be completed by July 1 st. - two estimates for the Miami Street repaving project, with the goal of having it completed by the Sauerkraut Festival - OPWC revolving loan application deadline in early August/late July - Ms. Bunker has requested a name change for the Accommodation Line - meeting with Dave Pyzoha this week regarding the Wilkerson Lane project - will meet to go over the notes from the candidates with Jeff Fourman and will complete the background checks as soon as possible - Main Street art show May 27 th Ms. Kaan asked how the Miami Street residents will be notified of the tie-ins? - Chief Copeland stated that most are businesses he would be walking into. He said he will discuss the improved roadway with them as well. Mayor Stubbs congratulated Chief Copeland on graduating from Tiffin University with a Master s Degree in Criminal Justice. Council and the audience applauded. (3) Finance Director s report - Ms. Morris discussed the following: - first reading of tax budget scheduled for this meeting. The second reading and Ohio Revised Code required public hearing at the next Council meeting (June 4 th ). The legislation would go into effect in early July, which is enough time to get it to the Warren County Auditor by July 20 th. - the cost for the Foley/LeMay storm litigation regarding the storm sewer thus far is $7971.64(the balance last reported was $7665.39) - will contact the insurance agent to attend the next Finance Committee meeting (4) Police Chief s Report given earlier (5) Law Director s Report no report 2
New Business Mayor Stubbs stated that the Independence Day parade would be held Saturday, June 30 th at noon. Chief Copeland added that the Village would be taking part in the parade with the Police in the parade and the Streets Department putting up needed barricades. Mr. Elliott made a motion to add two pieces of legislation to the agenda. Legislation Resolution 2012-021 a resolution approving the 2013 annual tax budget for the Village of Waynesville Motion to have the first reading of Resolution 2012-021 Ms. Stemple Motion rescinded Motion to add the work tax to the title of Resolution 2012-021 Mr. Elliott Motion to have the first reading of Resolution 2012-021 as amended Ms. Stemple Ordinance 2012-022 an ordinance authorizing the Village Manager to enter into an agreement with Outdoor Enterprises for the purchase of a keystone retaining wall and authorizing the expenditure of moneys therefore and declaring an emergency Mr. Elliott read the legislation in its entirety. Motion to waive the two reading rule for Ordinance 2012-022 Mr. Elliott - Mayor Stubbs stated that the purpose of the legislation is to formalize Council s wishes from the April 28, 2012 meeting. - Mr. Fields emphasized that he is in support of the project, but he backs up Ms. Morris concerns about the B02 (State Highway) funds begin used. He supports paying for the wall out of the General Fund. He added that the wall has been built and he supports the project 100%. - Ms. Stemple stated that she also supports the retaining wall project, but added that she has recently received a finding for recovery from the Auditor of State s office against her that she had to personally pay. The Auditor of State s office may decide that the expenditure of funds from B02 is invalid, and she doesn t want this to haunt herself or Council years from now. She stated that she will not approve of using B02 funds. - Ms. Dedden called a point of order. - Mr. Pelkey asked for the Law Director s opinion. - Mr. Forbes stated that if the wall is for erosion, then it s an appropriate use of B02 funds. He added that he cannot give an opinion as to the damage protection the wall will provide. - Mr. Pelkey asked if the bill could be paid out of the General Fund, then reclassified to the State Highway Fund. 3
- Ms. Morris replied yes. - Mr. Elliott added then that the reverse would then be true. - Ms. Morris stated that she prefer it not be done that way. - Chief Copeland stated that he had asked an engineer to look at the wall and provide an opinion as to the erosion damage to Route 42. - Mr. Stubbs asked Ms. Morris if she would be comfortable paying the bill out of B02 if an engineer gave an opinion stating that the wall would prevent erosion damage to 42. - Ms. Morris stated that she would be more comfortable with something from an engineer. - Ms. Kaan stated that Ms. Morris stated in an email that it would be an area of water concentration. Ms. Kaan stated that she had spoken to Mr. Norman from Warren County Soil and Water and he expressed concern with the Little Miami Conservation District. The soil would wash down into the ditchline and then into the Little Miami. Ms. Kaan added that the ditchline is in Route 42 s right-of-way. - Mr. Fields stated that he believes there would be an erosion issue, but he would like more documentation stating such. - Ms. Kaan stated that Ms. Morris email regarding her conversation with Don Norman stating that the area will be an area of water drainage concentration should be enough documentation. She asked Mr. Fields who he suggests the Village should pay for an opinion. - Mr. Fields stated that he relies on the Manager and Finance Director to find an engineer. - Mr. Elliott stated that ODOT did not ask for an engineer s opinion. Roll Call 4 yeas (Ms. Kaan, Mr. Pelkey, Ms. Dedden, Mr. Elliott) 3 nays (Ms. Stemple, Mayor Stubbs, Mr. Fields) Motion fails for lack of a super-majority (five affirmative votes). Motion to have the first reading of Ordinance 2012-022 Mr. Elliott Roll Call 6 yeas (Mr. Pelkey, Mayor Stubbs, Ms. Dedden, Mr. Elliott, Mr. Fields, Ms. Kaan) 1 nay (Ms. Stemple) Ordinance 2012-023 an ordinance amending and readopting the personnel policy manual Mr. Elliott read the legislation in its entirety. Motion to have the first reading of Ordinance 2012-023 Ms. Dedden - Ms. Stemple asked how the ordinance got to the attorney to prepare. - Mr. Forbes stated that he was asked to prepare it. - Ms. Kaan stated that she spoke with Mr. Forbes two to three weeks ago and verified her questions with him Friday after she stated she would check with the attorney. From the conversation came the need for legislation. She added that she did nothing to usurp Ms. Stemple s authority as the chair of the Personnel Committee. Resolution 2012-014 a resolution authorizing a then and now certificate (Xylem Inc.) Motion to adopt Resolution 2012-014 as an emergency Mr. Elliott 4
Resolution 2012-015 a resolution authorizing a then and now certificate (Earth & Pipe Contracting) Motion to adopt Resolution 2012-015 as an emergency Ms. Dedden Resolution 2012-016 a resolution to approve the agreement between the Village of Waynesville and the Ohio Sauerkraut Festival Committee Motion to adopt Resolution 2012-016 Mr. Fields Second Mr. Elliott Ordinance 2012-017 an ordinance authorizing the transfer of money from the Federal Grants Fund B05 to the Police Levy Fund B20 (COPS Grant Q1 2012) Motion to adopt Ordinance 2012-017 Ms. Dedden Ms. Kaan asked Mr. Forbes if Resolutions 2012-014 and 2012-015 need to be voted on as well regarding their emergency status. - Mr. Forbes stated that the text of the legislation hasn t been changed and adopting them as an emergency only changes the effective date. Executive Session Motion to adjourn to executive session to discuss pending litigation and the compensation of a public employee at 8:22pm Ms. Kaan Return from executive session at 8:34pm 7 present Motion to adjourn the meeting at 8:35pm Ms. Dedden Voice Vote 7 yeas Date: 06/04/2012. /signed/ Staci Morris. Staci Morris, Finance Director/Clerk of Council 5