BRYAN CITY COUNCIL AUGUST 4, 2014 Council President Tommy Morr opened the meeting with the following members present: Richard Hupe, Keith Day, and Richard Reed. Richard Wright was absent. Also present were: Mayor Doug Johnson, City Attorney Rhonda Fisher, City Engineer Brian Wieland, Assistant Fire Chief Doug Pool, Street Commissioner Tyson Engstrom, Wastewater Treatment Operator I Rodney Carlisle, Board of Public Affairs member Al Horn, and Clerk-Treasurer Laura Rode. Mr. Reed moved, Mr. Morr seconded, to approve the minutes of the July 21, 2014, Regular meeting and the July 28, 2014, Special meeting as written. Roll call vote: all ayes; nays, none. Wright absent. Motion Bryan citizen Chuck Sheperd approached Council regarding a notice that was placed at a property he owns for tall grass and his subsequent visit to Court. Mr. Sheperd suggested the City send certified notices to property owners for such offenses and perhaps place a phone call as well. City Attorney Fisher replied that neither of those options would be feasible as connecting with property owners can be difficult. Notice had been given at the property via a posting; however, Mr. Sheperd was on vacation. Mr. Sheperd then continued by offering his opinion that sending returns to retirees for income tax was unnecessary as many of them have no income and that the honor system would be beneficial. He was reminded of the ordinance for mandatory filing within the City. Further discussion was held. Ordinance No. 33, 2014, titled, AN ORDINANCE AUTHORIZING THE CLERK-TREASURER TO ISSUE CHANGE ORDER #1 & FINAL FOR THE PROJECT KNOWN AS WALNUT AND CHERRY STREET SANITARY SEWER IMPROVEMENTS. was presented and read by title only. City Engineer Wieland noted that a change order was necessary to complete the Walnut and Cherry Street Sanitary Sewer Improvements project. Mr. Day moved, Mr. Reed seconded, to suspend the reading of Ordinance No. 33, 2014, Mr. Day moved, Mr. Hupe seconded, to pass Ordinance No. 33, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion Resolution No. 26, 2014, titled,
A RESOLUTION PROVIDING FOR THE REPAYMENT OF AN INTER- FUND CASH ADVANCE was presented and read by title only. City Clerk-Treasurer Rode detailed the repayment of the advance made to the Probation Grant fund. Mr. Reed moved, Mr. Day seconded, to suspend the reading of Resolution No. 26, 2014, Mr. Hupe moved, Mr. Morr seconded, to pass Resolution No. 26, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion carried Ordinance No. 34, 2014, titled, AN ORDINANCE APPROVING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF THE CITY OF BRYAN, STATE OF OHIO, AND CONFORMING TRAFFIC AND GENERAL OFFENSES CODE PROVISIONS TO STATE LAW CHANGES. was presented and read by title only. City Attorney Fisher informed Council that the ordinance was to update certain sections of the Codified Ordinances of the City of Bryan to correspond with the Ohio Revised Code. Mr. Day moved, Mr. Hupe seconded, to suspend the reading of Ordinance No. 34, 2014, Mr. Reed moved, Mr. Day seconded, to pass Ordinance No. 34, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion Ordinance No. 35, 2014, titled, AN ORDINANCE GRANTING TO BOARD OF COMMISSIONERS OF DEFIANCE COUNTY, OHIO (BOARD), ITS SUCCESSORS AND ASSIGNS, A PERPETUAL EASEMENT AND RIGHT OF WAY FOR PUBLIC HIGHWAY AND ROAD PURPOSES, OVER, ACROSS AND THROUGH LAND OF THE CITY OF BRYAN, WILLIAMS COUNTY, OHIO, TOGETHER WITH RIGHT OF INGRESS AND EGRESS OVER ADJACENT LAND OF THE CITY OF BRYAN, WILLIAMS COUNTY, OHIO, TO CONSTRUCT AND THEREAFTER USE, INSPECT, REPAIR, MAINTAIN, RECONSTRUCT AND REMOVE A PUBLIC ROADWAY INCLUDING DRAINAGE AND APPURTENANCES THEREFORE, TO WIDEN BUCKSKIN ROAD FOR HIGHWAY SAFETY PURPOSES.
was presented and read by title only. City Attorney Fisher informed Council that the Defiance County Engineer had contacted the City to provide an easement on Buckskin Road for the purpose of improving the road. She asked that the Council go forward with the ordinance as the Board of Public Affairs would be presented with legislation on the same subject tomorrow evening. Further discussion was held. Mr. Day moved, Mr. Reed seconded, to suspend the reading of Ordinance No. 35, 2014, Mr. Hupe moved, Mr. Day seconded, to pass Ordinance No. 35, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion Ordinance No. 36, 2014, titled, AN ORDINANCE AUTHORIZING THE CLERK-TREASURER TO ISSUE CHANGE ORDER #2 FOR THE PROJECT KNOWN AS WIL-US127-2.01, PID 83338, LPA AGREEMENT NO. 25656. was presented and read by title only. City Engineer Wieland requested Council approve change order #2 on the South Main Street project. The change order increase of $40,562.23 was due to stripping, pavement repairs, curb and sidewalk removal and other various items. Further discussion was held. Mr. Reed moved, Mr. Day seconded, to suspend the reading of Ordinance No. 36, 2014, Mr. Reed moved, Mr. Day seconded, to pass Ordinance No. 36, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion Ordinance No. 37, 2014, titled, AN ORDINANCE AUTHORIZING THE CLERK-TREASURER TO ISSUE CHANGE ORDER #3 & FINAL FOR THE PROJECT KNOWN AS WIL- SR2/SR34-5.97/15.75 RESURFACING, PID 93954. was presented and read by title only. City Engineer Wieland requested $30,103.98 be approved for the third and final change order of the High Street Paving project. He continued that he anticipated 80% of the change order amount would be reimbursed from the Ohio Department of Transportation. Further discussion was held. Mr. Hupe moved, Mr. Day seconded, to suspend the reading of Ordinance No. 37, 2014,
Mr. Reed moved, Mr. Hupe seconded, to pass Ordinance No. 37, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion Ordinance No. 38, 2014, titled, AN ORDINANCE PROVIDING FOR THE TRANSFER OF FUNDS FOR THE CITY OF BRYAN, FOR THE MONTH ENDING AUGUST 31, 2014 was presented and read by title only. City Clerk-Treasurer detailed the transfer of funds requested for Council. Mr. Day moved, Mr. Hupe seconded, to suspend the reading of Ordinance No. 38, 2014, Mr. Hupe moved, Mr. Reed seconded, to pass Ordinance No. 38, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion Resolution No. 27, 2014, titled, A RESOLUTION PROVIDING FOR AN INTER-FUND CASH ADVANCE was presented and read by title only. City Clerk-Treasurer Rode detailed the interfund advance requested as it pertains to the High Street Paving project. Mr. Reed moved, Mr. Day seconded, to suspend the reading of Resolution No. 27, 2014, Mr. Hupe moved, Mr. Morr seconded, to pass Resolution No. 27, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion Ordinance No. 39, 2014, titled, AN ORDINANCE PROVIDING FOR ANNUAL APPROPRIATIONS FOR THE CITY OF BRYAN, FOR THE FISCAL YEAR ENDING DECEMBER 31, 2014 AND DECLARING AN EMERGENCY. was presented and read by title only. City Clerk-Treasurer detailed the appropriations requested for Council. Mr. Reed moved, Mr. Hupe seconded, to suspend the reading of Ordinance No. 39, 2014,
Mr. Day moved, Mr. Hupe seconded, to pass Ordinance No. 39, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion Ordinance No. 40, 2014, titled, AN ORDINANCE DIRECTING THE MAYOR TO ENTER INTO A CONTRACT WITH DYNA PAK CORP., FOR 600,000 REFUSE BAGS, ACCORDING TO THE SPECIFICATIONS OF THE BRYAN STREET COMMISSIONER AT A TOTAL COST OF $51,600.00. was presented and read by title only. Street Commissioner Engstrom noted that Dyna Pak was again the low bidder on the garbage bags for the City. Mr. Reed moved, Mr. Day seconded, to suspend the reading of Ordinance No. 40, 2014, Mr. Hupe moved, Mr. Reed seconded, to pass Ordinance No. 40, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion Mayor Johnson requested Council reappoint Andy Waterston to the Williams Metropolitan Housing Authority Board for a five (5) year term. Mr. Reed moved, Mr. Day seconded, to reappoint Andy Waterston to the Williams Metropolitan Housing Authority Board for a five (5) year term ending July 7, 2019. Roll call vote: all ayes; nays, none. Wright absent. Motion Resolution No. 28, 2014, titled, A RESOLUTION RATIFYING THE AGREEMENT BETWEEN THE CITY OF BRYAN AND THE LOCAL UNION NO. 245 OF THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS. was presented and read by title only. Mayor Johnson informed Council that the Wastewater employees had approved the union contracted as presented last week. He then reviewed the contents of the contract noting that it is a three (3) year contract effective January 1, 2014. Mr. Day moved, Mr. Hupe seconded, to suspend the reading of Resolution No. 28, 2014, Mr. Hupe moved, Mr. Reed seconded, to pass Resolution No. 28, 2014. Roll call vote: all ayes; nays, none. Wright absent. Motion
Mayor Johnson readdressed the upkeep of properties in the City and noted the improvements made to several properties purchased by Spangler Candy Company. A brief recess was taken. Mr. Reed moved, Mr. Day seconded to go into Executive Session to discuss acquisition of property, compensation and employment of personnel at 7:54 p.m. Roll call vote: all ayes; nays, none. Wright absent. Motion Asked to attend were Mayor Johnson, City Attorney Fisher, and Clerk-Treasurer Rode. Mr. Hupe moved, Mr. Day seconded, to adjourn the Executive Session at 8:29 p.m. Roll call vote: all ayes; nays, none. Wright absent. Motion Mr. Reed moved, Mr. Morr seconded, to adjourn the meeting. Roll call vote: all ayes; nays, none. Wright absent. Motion President of Council Clerk-Treasurer