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Lima City Council Minutes For 02/22/2010
MINUTES OF LIMA CITY COUNCIL
LIMA, OHIO
February 22, , 2010
The Council of the City of Lima met in regular session at 7:00 p.m.
Attending were: Mayor David Berger; Tony Geiger, Law Director; David Geiger, Asst. Law Director; Gene Reaman, Auditor; Catherine Garlock, Chief of Staff; Steven Cleaves, Finance Director; Vince Ozier, Dir. of Human Resources; Howard Elstro, Dir. of Public Works; Chief Garlock, Chief Heffner, and Sally Clemans, Clerk.
The invocation was given by Councilor Lowe followed by the Pledge of Allegiance.
ROLL CALL showed the following members present: Neeper, McLean, Lowe, Tebben, T Adams, Glenn, Townsend, D Adams and Nixon.
D. Adams moved , seconded by Townsend, to amend the agenda by adding the Treasurer’s report, communication #6, Public Works and Finance Committee reports, and Ordinance 044-10. Motion carried.
D. Adams moved, seconded by Townsend, that Resolution 001-10 be moved to this point in the agenda. Motion carried.
RESOLUTION:
001-10 Congratulating Kewpee Hamburgers for being named one of the top 40 All American Icon Restaurants around the Country by the Nation’s Restaurant News. Moved by D. Adams, seconded by Glenn, that the rule requiring three readings be suspended and the resolution adopted on the first reading after having been read. The Clerk read the resolution. Mr. McLean, Mr. Glenn, Mr. Tebben, and Ms. Clemans all made comments about how wonderful the Kewpee has been and what great neighbors to our community. Mr. Nixon said he has known the family for over 33 years privately and also through Nickels. They have made so many contributions to the community. Mr. Shutt thanked everyone for their kind words. He acknowledged and thanked their many employees over the years. He also thanked the suppliers. They try to buy everything locally. He thanked the customers for their continued support. In 1985 they bought the word Kewpee.
PRIVILEGE OF THE FLOOR:
Christine Pleva, Executive Director of the Convention & Visitors Bureau, presented Council with their Annual Report. She said even with the poor economy they have had a very
good years. The number of groups holding events was 736 with an estimated of $236,488 and $38,342,870 dollars generated. This was a 4.4% increase in the number of groups and a 2.2% increase in the attendance. She highlighted other points of the report. The complete report is on file in the Council office.
Cindy Wood, Executive Director of the Veterans Memorial Civic and Convention Center, presented Council with their Annual Report. This is the first annual report that has been done in years. She said they held their own this year. The Board has developed a Strategic Plan for 2009-2011. The Civic Center was in the black this year. The complete report for the Civic Center is on file in the Council office.
THE FOLLOWING ITEMS WERE PRESENTED ON THE CONSENT CALENDAR:
a. Minutes of the previous meeting not read since each received a copy.
b. Treasurer’s report for month ending January 31, 2010.
Adams moved that item "a" of the consent calendar be received, filed, and approved and that items "b" be received and filed, seconded by Townsend, motion carried.
THE FOLLOWING COMMUNICATIONS WERE PRESENTED:
1. From the Dir. of Comm. Dev. requesting legislation for the removal of property maintenance assessments. Moved by Townsend, seconded by Adams, that the communication be received and filed. Legislation is on the agenda. Motion carried.
2. From the Dir. of Utilities requesting legislation to enter into agreement with Environmental Systems Research Institute. Moved by McLean, seconded by Tebben, that the communication be received, filed, and the Law Director authorized to prepare the necessary legislation. Motion carried.
3. From the Dir. of Utilities requesting legislation amending ordinance 221-06, a change order with Jones and Henry. Moved by McLean, seconded by Lowe, that the communication be received, filed, and the Law Director authorized to prepare the necessary legislation. Motion carried.
4. From the Dir. of Public Works requesting legislation to enter into contract with ODOT for purchasing services. Moved by Neeper, seconded by Glenn, that the communication be received and filed. Legislation is on the agenda. Motion carried.
5. From the Finance Director requesting legislation for the 2010 property. Moved by Tebben, seconded by Lowe, that the communication be received and filed. Legislation is on the agenda. Motion carried.
6. From the Law Director regarding the sale of personal property to Erb Poultry. Moved by Neeper, seconded by Tebben, that the communication be received, filed, and approved. Motion carried.
REPORTS OF OFFICIALS:
Jesse Sadiua spoke to Council regarding the 2010 Census. He said between March 15 and April 1, each household in Lima will receive a Census questionnaire, hand delivered by USPS. It must be filled out and mailed back by April 1st. It is extremely important that this form be completed. A Complete Count Committee convened in January to oversee all activities that promote awareness of the census to achieve maximum participation in the county. He expressed the importance of having a complete count is essential for obtaining federal and state grant funds.
He said we are requesting the members of Council to participate by reaching out to each household in your ward. They will make materials available.
REPORTS OF COMMITTEES:
Miss Adams reported that the Safety Services Committee met on February 1, 2010 with members present: T. Adams (chair), Sam McLean and Derry Glenn.
The subject was to review the issues of EMS, Red Light Cameras and Texting while driving. Mr. Tebben had referred the issue of texting while driving after hearing of accidents involving texting drivers. Law Director Geiger recommended that the committee hold off because the state is considering a texting while driving bill. Glenn moved, seconded by McLean to close the subject, motion carried.
The issue of Red Light Cameras. Chairperson Adams reminded those in attendance that the original use for the cameras was for high accident intersections due to running red lights. She reminded everyone of the financial troubles of the Company under contract. A need was noted that all school zones need to be reviewed to be consistent in signage and the possibility of adding flashing signals. Chief Garlock pointed out that LPD no longer has the resources to manage a program or an officer who would review footage and issue citations. Major Swygart noted that new studies would have to be conducted as existing info is out of date. McLean moved, seconded by Glenn, to close the subject, motion carried.
The third subject was the issue of EMS. Mr. McLean gave an oversight of past discussion, decisions and action taken by committee and council of the Whole. Discussion was held with Chief Heffner and comments by Dr. Humphrey. A date of April 26th was set for all 3 agencies to report back on progress to the committee. McLean moved, seconded by Glenn, to close the subject, motion carried.
The fourth subject was a discussion regarding "Cat Control." Mr. McLean gave an oversight of past discussions. Law Director Geiger noted that Dayton had recently addressed the same issue and have come to the conclusion that it is unmanageable. He will forward the article to Miss Adams. T. Adams moved, seconded by McLean, that this report be received, filed, and approved. Motion carried.
Councilor Neeper reported that the Public Works Committee met on February 18, 2010 with members present: Neeper (Chair), T. Adams and D. Adams. Mr. Neeper and Mr. Niemeyer reviewed the proposed 2010 construction street projects. Sources for these projects are primarily federal stimulus dollars, ODOT grants, State Issue II funds, CDBG, the gas tax, and ODOD.
Mr. Elstro and Mr. Stolly then reviewed the proposed 2010 construction projects for Parks and Recreation Dept. An informal discussion followed regarding the Downtown Streetscape project. It was requested the Administration look at the curb on the southern most eastbound lane of Market and adapt the plans so residents can better navigate the road there. Neeper moved, seconded by D. Adams, that the report be received, filed, and approved. Motion carried.
Councilor Tebben reported on the Finance Committee Budget Hearings. Public hearings were held on January 26th and February 2nd. No one spoke on Jan. 26th. Sean Carpenter, President of the Firefighters Union spoke on Feb. 2nd requesting the committee consider adding 6 firefighter to reduce overtime and develop a pool of fully certified personnel to property plan to attrition. Committee meeting were held Jan. 26th, 29th, Feb. 2nd and 11th. Steve Cleaves gave an overview of the budget. The budget is tight and will require constant monitoring and proper reaction. Minor changes were made to the budget. During the Feb. 11th meeting Gene Reaman, Auditor presented a request for an increase in the salary of the Director of Audit Services. Increases would total $15,000. Discussion was held. Townsend moved, seconded by Neeper to fund the request in the budget. Townsend moved, seconded by Neeper, to forward the 2010 budget as modified to the entire Council. Motion carried. Tebben moved, seconded by Townsend, that this report be received, filed, and approved.
THE FOLLOWING RESOLUTIONS WERE PRESENTED:
002-10 Expressing the Appreciation of the Lima City Council to Dr. Charles Rossfeld, DDS upon his retirement from the Allen County Board of Elections. McLean moved, seconded by Tebben, that the rule requiring three readings be suspended and the resolution adopted on the first reading. The following vote was recorded on the motion: Yea, 9; Neeper, McLean ,Lowe, Tebben, T Adams, Glenn, Townsend, D Adams and Nixon. Nay, none. The Chair declared the motion carried and the resolution was adopted on the first reading by a 9-0 vote.
003-10 Expressing the Appreciation of the Lima City Council to Beverly Owens McCoy upon her retirement from the Allen County Board of Elections. Tebben moved, seconded by Lowe, that the rule requiring three readings be suspended and the resolution adopted on the first reading. President Nixon said he appreciates the work these people do. He will be presenting these resolutions at a retirement function on Wednesday. Bev McCoy is here this evening and he asked he stand. He said he has known her over the past 20 years and it is nice to have her for a friend. The following vote was recorded on the motion: Yea, 9; Neeper, McLean ,Lowe, Tebben, T Adams, Glenn, Townsend, D Adams and Nixon. Nay, none. The Chair declared the motion carried and the resolution was adopted on the first reading by a 9-0 vote.
THE FOLLOWING ORDINANCES WERE PRESENTED:
040-10 Removing property maintenance assessments on certain parcels of real estate in the City of Lima, Ohio, and declaring an emergency. Townsend moved, seconded by Adams, that the rule requiring three readings be suspended and the ordinance passed on the first reading as an emergency. The following vote was recorded on the motion. Yea, 9; Neeper, McLean, Lowe, Tebben, T Adams, Glenn, Townsend, D Adams and Nixon. Nay, none. The Chair declared the motion carried and the ordinance passes on the first reading as an emergency by a 9-0 vote.
041-10 Making appropriations for current and ordinary expenditures of the various departments of the City of Lima, Ohio, for the fiscal year ending December 31, 2010, and declaring an emergency. Tebben moved, seconded by Glenn, that the rule requiring three readings be suspended and the ordinance passed on the first reading as an emergency. The following vote was recorded on the motion. Mr. Tebben thanked the department heads, Mr. Cleaves and Melissa Waller. He said he trust the people who put this together and he appreciated the effort to keep this in control. T. Adams thanked the committee for the meetings I attended and the questions I asked. She said the 2009 figures are with this ordinance but those figures were not available during the committee meetings. It would have been nice to have those in the process of the committee meetings. She would still like to see the issue of the 1% concerning administration again. Mr. Nixon thanked the Finance Committee for going through the process. It is never an easy thing, but it is still the best way to understand the budget. Yea, 9; Neeper, McLean, Lowe, Tebben, T Adams, Glenn, Townsend, D Adams and Nixon. Nay, none. The Chair declared the motion carried and the ordinance passes on the first reading as an emergency by a 9-0 vote.
042-10 Authorizing the Mayor to advertise for bids and enter into contract for the Granular Activated Carbon Project, and declaring an emergency. McLean moved, seconded by Tebben, that the rule requiring three readings be suspended and the ordinance passed on the first reading as an emergency. The following vote was recorded on the motion. Yea, 9; Neeper, McLean, Lowe, Tebben, T Adams, Glenn, Townsend, D Adams and Nixon. Nay, none. The Chair declared the motion carried and the ordinance passes on the first reading as an emergency by a 9-0 vote.
043-10 Amending Special Use Permit No. 09-13 for a certain parcel of real estate in the City of Lima, Ohio, and declaring an emergency. Neeper moved, seconded by Lowe, that the rule requiring three readings be suspended and the ordinance passed on the first reading as an emergency. The following vote was recorded on the motion. Yea, 9; Neeper, McLean, Lowe, Tebben, T Adams, Glenn, Townsend, D Adams and Nixon. Nay, none. The Chair declared the motion carried and the ordinance passes on the first reading as an emergency by a 9-0 vote.
044-10 Authorizing the Mayor to enter into contract with The Ohio Department of Transportation, and declaring an emergency. Neeper moved, seconded by Glenn, that the rule requiring three readings be suspended and the ordinance passed on the first reading as an emergency. The following vote was recorded on the motion. Yea, 9; Neeper, McLean, Lowe, Tebben, T Adams, Glenn, Townsend, D Adams and Nixon. Nay, none. The Chair declared the motion carried and the ordinance passes on the first reading as an emergency by a 9-0 vote.
MISCELLANEOUS BUSINESS:
Councilor Lowe said he would like to highlight businesses in the 3rd Ward. He said Natural Vibes is a wonderful place. It has great management and they deal in a lot of eco friendly jewelry. It is beautiful and is done by local people. He announced the Neighborhood Concerns meeting on March 29th .
Councilor Tebben said the Lakewood Neighborhood Association has reorganized and will meet on Tuesday at 6:30 p.m. at Fire Station #4 on W. Spring St. Tebben moved, seconded by Neeper, to refer the job description and list of responsibilities for the Director of Audit Services to the Human Resource Committee. Motion carried. Tebben moved, seconded by Neeper, to refer the issue of the salary increase for the Director of Audit Services to the Finance Committee. Motion carried. Mr. Tebben requested that the H. R. Committee work with Vince Ozier to look at positions in other cities commensurate with cities our size.
Councilor T. Adams said she received an e-mail and the state is addressing texting while driving so she is hoping we will see some action come down from the State. She asked Mr. Elstro about the increase in the grant for the streetscape and the local match, what will the increase add to this project? Mr. Elstro said what they filed last year was the Engineer’s estimate. When they open bids, because of the economic situation, contractors are trimming the bids. When they do these projects they do them in phases. This additional $200,000 means an addendum may be performed.
Councilor Glenn thanked the CVB and the Civic Center for their great reports. He has been hearing great things about RTA also. He said the garbage cans need to be put back after the pick-up. He reminded everyone sidewalks need to be shoveled. He thanked Mr. Davis and his group for their donations.
Councilor Townsend thanked Ms. Pleva and Ms. Wood for both showing increases and improvements.
Councilor D. Adams announced the Riverside North N/A meeting on March 4th at 7 p.m. at the Redcross Building. In celebration of George Washington’s Birthday, he shared a poem by Ogden Nash, "Washington’s Birthday Eve."
President Nixon asked Mr. Elstro who we contact when there are businesses that do not shovel their sidewalks? Mr. Elstro said those issues are Code Enforcement so contact their office. Nixon moved, seconded by Tebben, that the Clerk be authorized to file an objection with the Ohio Division of Liquor Control regarding a transfer to Mark and Kathie Mault, 337 N. Elizabeth St. for a hearing to be held in our County Seat. Motion carried. Nixon moved, seconded by Glenn, that the issue of on street parking on all streets in the area of west of N. West St., north of Robb, and south of Brower, be referred to the Traffic Commission because of problems for the school buses. Motion carried.
Townsend moved that Council adjourn until March 8, 2010 at 7:00 p.m., seconded by Neeper, motion carried.
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John G. Nixon, President
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Sally Clemans, Clerk
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