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2004 First Quarter
January - March

January 6, 2004
January 20, 2004
February 3, 2004
February 19, 2004
March 4, 2004
March 16, 2004
 

DATE:  January 6, 2004

PRESENT:  President DaleReed, Councilwoman JoyceThompson, Councilmen JackJones, Forest Blakeman, LynnDowney, RogerKemper and GregKempton.

The meeting was opened at 7pm with Councilwoman Thompson leading Council and guests in the pledge of allegiance to the flag.

CouncilmanKemper made a motion, seconded by Councilwoman Thompson to appoint Councilman DaleReed as Council President.  Roll Call:  All Aye.  Councilman Reed – Abstained.

MINUTES:  Councilman Kemper made a motion, seconded by Councilman Jones to approve the minutes of the December 16, 2003 regular meeting.  Roll Call: All Aye. 

FINANCE REPORT:  Councilman Downey made a motion, seconded by Councilwoman Thompson to approve the December 2003 finance report.  Roll Call: All Aye.

COMMUNICATIONS AND COMMITTEE REPORTS:

Finance Committee:  Councilman Downey reported the income tax receipts for 2003 were $859,000.00 and in 2002, $825,000.00 that was an improvement.

Councilman Downey made a motion, seconded by CouncilmanKemper to add Resolution # 3-2004 to the agenda.  Roll Call: All Aye.

Councilman Downey made a motion, seconded by CouncilwomanThompson to add Resolution # 4-2004 to the agenda.  Roll Call: All Aye.

Councilman Downey made a motion, seconded by CouncilmanJones to add Resolution # 5-2004 to the agenda.  Roll Call: All Aye.

Councilman Downey made a motion, seconded by CouncilmanKempton to add Ordinance # 6-2004 to the agenda.  Roll Call: All Aye.

Personnel Committee:  Councilman Kemper had no report.

Street Committee: Councilman Kempton reported he had received phone calls regarding the high water do to the rain on5th street.  People are saying it has never been as bad as it is now and it is standing much longer. 

President Reed stated some of the older residence says there is a drywell and when it is cleaned it needs to be cleaned down to the gravel. 

Mr.Kempton mentioned four residences in Green Acres are having a lot of trouble with water standing on property when it rains.  Mayor Kelly stated some of the homes are lower than others, and when there is that much rain the water is going to run into the lower yards and the water can not get out of the yard to drain. Mr.Kelly mentioned the City does not have the authority to go on private property to make corrections. The City has to have an easement and the money to do the job.   

Zoning Committee: Councilman Jones had no report.

Recreation Committee: Councilman Blakeman stated he had received some calls concerning the new park and if it would be ready for ball this spring.  Mayor Kelly stated the fields would not be ready by spring do to finance problems and not being able to grow grass overnight. 

Mr.Blakeman asked if there is an Ordinance concerning livestock within the City limits.  Mr.Kelly stated the livestock in question was okayed because the residence met the requirements.  President Reed stated the issue is to be put in the Zoning Committee for review.

Public Services Committee:   

Councilwoman Thompson made a motion, seconded by Councilman Kemper to hire Carl Looney as the Asst. Fire Chief to start Jan. 19, 2004 at a the rate of $15.57 per hour.  Roll Call: All Aye.

CouncilwomanThompson stated TomMinor who resigned as of December 31, 2003 as a Police Officer would like to work part time for the Police Department.

CouncilwomanThompson made a motion, seconded by Councilman Kempton to hire TomMinor as a part time police officer to start immediately at a rate of $9.66 per hour.  Roll Call:  All Aye.

Councilman Downey asked Chief LarryRoe what the crime trend is in the City and if the trend has anything to do with the turnover in the Police Dept.

Chief Roe stated Drugs are the major problem.  With the drugs come shoplifting, vandalism and burglary.  The economy is down and drugs are increased.  Recently the Dept. has lost several officers do to them finding better paying jobs. 

MAYOR’S REPORT:  Mayor Kelly reported the budget allowed for transfers of $490,000.00 in 2003.  As of December 31, 2003 only $290,000.00 has been transferred.  Chief Roe has been able to save using part time police officers and also letting things go such as cruisers and there is a need for cruisers. 

Mr.Kelly mentioned he passed out a handout on the new insurance. 

Mr.Kelly stated the insurance is changing from Anthem to Medical Mutual.  Changing insurance will save the City approx. $44,000.00 a year.

GaryCooper was present in the audience and requested Council consider changing the street that runs next to his business that is currently a one way to a two way street. 

President Reed asked that the Street Committee look at the issue.

OLD BUSINESS:

Resolution # 80-2003 (2nd Reading) – To authorize the Auditor to assess a fee of at least $25.00 for any and all checks negotiated to the City of Waverly which are returned for reasons of insufficient funds, no funds available, or any other reason for which a check is not honored.

Councilman Downey made a motion, seconded by CouncilmanBlakeman to read Resolution # 80-2003 by title only.  Roll Call: All Aye.

Councilman Downey read Resolution # 80-2003 by title only for the 2ndReading.

NEW BUSINESS: 

Resolution # 1-2004 (Emergency) – To provide a policy for the City of Waverly to avoid transactions between any officers, council members, or any other elected official and entities, businesses, individuals etc. in which said persons my have a personal interest.  Councilman Blakeman read Resolution # 1-2004 in its entirety and made a motion, seconded byCouncilman Kemper.

Discussion:  President Reed stated the Mayor has no authority to have business dealings unless given permission by Council.  Mr.Reed mentioned he would like to speak with someone from the State Auditors office before passing the Resolution.  Mr.Reed asked that the Resolution be tabled until further notice.

Councilman Kemper made a motion, seconded by Councilwoman Thompson to table Resolution # 1-2004.  Roll Call:  All Aye.

Resolution # 2-2004 (Emergency) To authorize the Mayor and Auditor to enter into contract for mosquito spraying, with Ohio Pest Control Inc. Councilman Kempton read Resolution # 2-2004 in its entirety and made a motion, seconded by CouncilmanJones to approve it as an emergency.  Roll Call: All Aye.

Resolution # 3-2004 (Emergency) – To authorize the Auditor to transfer $25,000.00 from the General Fund to the Bridge and Street Fund.  Councilman Kempton read Resolution # 3-2004 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency.  Roll Call:  All Aye.

Resolution # 4-2004 (Emergency) – To authorize the Auditor to transfer $1322.06 from the General Fund to the Depot Road Fund.  Councilman Kemper read Resolution # 4-2004 in its entirety and made a motion, seconded by Councilman Blakeman to approve it as an emergency.  Roll Call:  All Aye.

Resolution # 5-2004 (Emergency) – To authorize the Auditor to transfer $4499.86 from the General Fund to the Green Acres Fund.  Councilman Blakeman read Resolution # 5-2004 in its entirety and made a motion, seconded byCouncilman Jones to approve as an emergency.  Roll Call: All Aye.

Ordinance # 6-2004 (Emergency) – To adopt House Bill 95 changes to Municipal Taxation as set forth in the attachment.  Councilman Jones read Ordinance # 6-2004 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency.  Roll Call:  All Aye.

AUDITOR’S REPORT:

Auditor Harvey Whaley reported we started the month with $130,000.00 and after bills and transfers we have $75,000.00 in the General Fund, we need to watch what we are doing and possibly look at the cash flow to see if appropriations are needed for February.  I hope we can scrape through February with out the need for additional funds. 

Mr.Whaley stated the Water Fund is in the negative and recommends they cash in their CD. 

Councilman Downey made a motion, seconded by CouncilwomanThompson to pay the bills. Roll Call:  All Aye.

Councilman Blakeman made a motion, seconded by Councilwoman Thompson to adjourn.  Roll Call:  All Aye.

JANUARY 20, 2004

PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Lynn Downey, Roger Kemper and Greg Kempton.  Mayor BillKelly and Auditor Harvey Whaley.

The meeting was opened at 7:00 with Councilman Kemper leading Council and guests in the pledge of allegiance to the flag.

MINUTES: Councilman Kemper made a motion, seconded by Councilman Jones to approve the minutes of the January 6, 2004 regular meeting.  Roll Call: All Aye.

COMMUNICATIONS AND COMMITTEE REPORTS:

Finance Committee:  Councilman Downey stated the January receipts look good, yet we won’t know anything until the end of February on the new tax.

Personnel Committee:  Councilman Kemper had no report.

Street Committee:  Councilman Kempton had no report.

Zoning Committee:  Councilman Jones had no report.

Recreation Committee:  Councilman Blakeman stated he had received a complaint about a barn on 3rd street and Bridge Street that is about to fall down.  Mayor Kelly stated he would see what could be done about the barn.

Public Service Committee:  Councilwoman Thompson made a motion, seconded by Councilman Kemper to hire Matthew Hunt as an Auxiliary Police Officer.  Roll Call: All Aye.

Councilwoman Thompson made a motion, seconded by Councilman Jones to hire David Hunt as an Auxiliary Police Officer.  Roll Call:  All Aye.

MAYOR’S REPORT:  Mayor Kelly mentioned he would have the revisions to the 2004 Wage Ordinance the first meeting in February.  Mr. Kelly stated there is an issue concerning the insurance for Tom Patterson. 

Mayor Kelly introduced Girl Scout Troop 1697 who was present in the audience.

Carma McCleary was present in the audience and presented the New City Seal she designed and made from ceramic.  The new seal was funded through an Ohio Arts Council grant.

OLD BUSINESS:  

Councilman Downey made a motion, seconded by Councilwoman Thompson to read Resolution # 80-2003 by title only.  Roll Call:  All Aye.

Resolution # 80-2003 (3rd Reading) – to authorize the Auditor to assess a fee of at least $25.00 for any and all checks negotiated to the City of Waverly which are returned for reasons of insufficient funds, no funds available, or any other reason for which a check is not honored.  Councilman Downey read Resolution # 80-2003 by title only and made a motion, seconded by Councilman Kemper to approve it.  Roll Call: All Aye.

NEW BUSINESS: 

Resolution # 7-2004 (Emergency) – To accept the insurance proposal for Health Insurance for City Employees.  Councilman Kemper read Resolution # 7-2004 in its entirety and made a motion, seconded by Councilman Downey to approve it as an emergency.  Roll Call:  All Aye.

AUDITOR’S REPORT:  Auditor Harvey Whaley was excused.

Councilman Downey made a motion, seconded by Councilman Kempton to pay the bills.  Roll Call: All Aye.

The girls from Girl Scout Troop 1697 had some questions for Council.  The girls asked questions regarding noise ordinances, skate boarding and year round schooling.

Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn.  Roll Call: All Aye.

FEBRUARY 3, 2004

PRESENT:  President DaleReed, Councilwoman JoyceThompson, Councilmen JackJones, Forest Blakeman, LynnDowney, RogerKemper, and GregKempton.  Mayor BillKelly and Auditor Harvey Whaley.

The meeting was opened at 7:00 pm with Mayor BillKelly leading Council and guests in the pledge of allegiance to the flag.

MINUTES:  Councilman Kemper made a motion, seconded by Councilman Jones to approve the minutes of the January 20, 2004 regular meeting.  Roll Call: All Aye.

FINANCE REPORT:  Councilman Downey made a motion, seconded by Councilman Kempton to approve the January 2004 financial report.  Roll Call: All Aye.

COMMUNICATIONS AND COMMITTEE REPORTS:

Finance Committee:  Councilman Downey reported we had very good tax receipts in January and at this point we are unclear as to how much additionally the tax increase will generate. 

Councilman Downey made a motion, seconded by Councilman Jones to add Ordinance # 10-2004 to the agenda.  Roll Call:  All Aye.

Personnel Committee:  Councilman Kemper reported he received a letter from DeanKnight regarding hiring a person to fill a spot left vacant due to injury and surgery.  Mr. Knight suggested hiring TimKnight as a permanent – part time employee working 39 hours a week.

Councilman Kemper made a motion, seconded by Councilwoman Thompson to hire TimothyKnight as a permanent, part time employee working 39 hours a week and paid 7.50 per hour.  Roll Call: All Aye.

Street Committee:  Councilman Kempton reported he has spoke with DeanKnight regarding the drainage problem on 5th Street and they are currently looking at the problem and wanted to let people know it has not been forgotten.

Zoning Committee:  Councilman Jones had no report.

Recreation Committee:  Councilman Blakeman stated he had received a letter from ValFrancis concerning the mowing of BridgeSidePark.  Mayor Kelly stated they are working out a deal for the City to do the mowing and not give a donation in place of having it mowed.

Mr.Blakeman mentioned he had several persons ask about the stakes going up 220 hill. Mayor Kelly stated Purdom, Kaskey & Assoc. surveyed the area for the 220 work.

Public Service Committee:  Councilwoman Thompson reported she had a meeting regarding the water system vulnerability. The supervisors are working on a plan that will be brought to Council and will cost money.

MAYOR’S REPORT:  Mayor Kelly reported prisoners have been secured for March 29,30,31 and April 1st to work at BridgeSidePark.  We have approved some Saturday overtime for the Bridge & Street Dept. to prepare the park for the prisoners sometime in March.                                                                               

Mr.Kelly thanked CarmaMcCleary for her work on the new seal and NathanDavis for having the new seal completed.

Mr.Kelly informed Council of the agreement for our website and the cost will be $600.00.

OLD BUSINESS:  There was no old business.

NEW BUSINESS: 

Resolution # 8-2004 (emergency) – To allow the Mayor and Fire Chief to enter into an agreement with the Ohio Valley Firefighters Assoc. for Mutual Aid Fire Protection.  Councilman Downey read Resolution # 8-2004 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency.  Roll Call:  All Aye.

Resolution # 9-2004 (Dispense 2nd & 3rd) – To express support for the Pike Metropolitan Housing Authority and the Buckeye Community Hope Foundation in their efforts to secure financial assistance for construction of a 32-unit affordable senior housing project on Beverly Ave. in Waverly to be named Beverly Senior Apartments.  Councilman Jones read Resolution #9-2004 in its entirety and made a motion, seconded by Councilman Kemper to approve it.  Roll Call: All Aye.

Discussion:  GaryRoberts, SteveBoone, JamesHunley and DougWeatherby were in the audience representing Metropolitan and Buckeye Community Hope. 

Councilman Kempton asked if it was critical that the Resolution be passed that night.  Mr.Boone stated they need the support of Council to strengthen the application in hopes of getting it granted.

Mr.Weatherby the architect showed the housing plans and answered Councils questions regarding the apartments.

 

Ordinance #10-2004 (1st Reading) – An Ordinance to amend the adopted Wage Ordinance for the City of Waverly for the year 2004.  Councilman Downey read Ordinance #10-2004 for the first reading.

Discussion:  Mayor Kelly spoke about the proposed changes to the wage ordinance.  Mr.Kelly stated there would be a 4% raise to all employees and some increases in certificates and extras beginning March 1, 2004. 

President Reed asked council to look at the wage ordinance and come back the next meeting with any ideas.

President Reed asked if there was a rule that a police officer could not have a second job.  Safety Director RandyArmbruster stated he didn’t think so as long as the person had approval from his Dept. Head.  Mr.Armbruster stated he would look it up and let Mr.Reed know.

MichelleConley was present in the audience and requested a residential handicap parking sign be posted. 

President Reed put the issue in Councilman Kempton’s committee. 

AUDITOR’S REPORT: 

Councilman Downey made motion, seconded by Councilwoman Thompson to pay the bills.  Roll Call: All Aye.

Councilman Kemper made a motion, seconded by Councilman Downey to adjourn to executive session for a personnel matter.  Roll Call: All Aye. Blakeman – Nay.

Councilman Kemper made a motion, seconded by Councilwoman Thompson to adjourn from executive session back to the regular session. Roll Call:  All Aye.

Councilman Kemper made a motion, seconded by Councilman Downey to add Resolution # 11-2004 to the agenda.  Roll Call:  All Aye.

Resolution # 11-2004 (emergency) – To authorize the Mayor of the City of Waverly, William A. Kelly, to be appointed to and serve in the capacity of the Service Director/Director of Public Service in addition to his elective office.  An additional purpose of this resolution is to set the pay rate at $300.00 per month, which is the top step of the City of Waverly Wage Ordinance 2004 for said position. Councilman Kemper read Resolution # 11-2004 in its entirety and made a motion, seconded by Councilman Downey to approve it as an emergency.  Roll Call: All Aye.  Blakeman – Nay

Councilman Downey made a motion, seconded by Councilman Kempton to adjourn.  Roll Call: All Aye.
 

FEBRUARY 19, 2004

PRESENT:  President DaleReed, Councilwoman JoyceThompson, Councilmen JackJones, Forest Blakeman, LynnDowney, RogerKemper and GregKempton.  Mayor BillKelly and Auditor Harvey Whaley. 

The meeting was opened at 7:00 pm with Council Clerk Melody Thompson leading Council and guests in the pledge of allegiance to the flag.

MINUTES:  Councilman Kemper made a motion, seconded by Councilman Kempton to approve the minutes of the February 3, 2004 regular meeting.  Roll Call:  All Aye.

COMMUNICATIONS AND COMMITTEE REPORTS:

Finance Committee:  Councilman Downey reported the tax receipts were not very encouraging.  We were hoping February would be a good tax month.  The taxes come in on a quarterly basis so we won’t know much until the end of March, which in not necessarily bad news.

Councilman Downey made a motion, seconded by CouncilwomanThompson to add Ordinance # 14-2004 to the agenda.  Roll Call: All Aye.

Councilman Downey made a motion, seconded by CouncilmanBlakeman to add Resolution # 15-2004 to the agenda.  Roll Call: All Aye.

Councilman Downey made a motion, seconded by CouncilmanBlakeman to add Resolution # 16-2004 to the agenda.  Roll Call: All Aye.

Personnel Committee:Councilman Kemper had no report.

Street Committee:  Councilman Kempton reported the handicap space issue on North St. had been looked at and there is ample space, the problem is the use of the space and there isn’t really anything that can be done about the problem.

Zoning Committee:  Councilman Jones reported the public hearing that was held regarding the Armbruster property was successful and there were no major complaints.

Recreation Committee:  Councilman Blakeman had no report.

Public Service Committee:  Councilwoman Thompson had no report.

CouncilwomanThompson made a motion, seconded by Councilman Kemper to hire BrianBrumfield to the Police Auxiliary.  Roll Call: All Aye.

CouncilwomanThompson made a motion, seconded by Councilman Kemper to add Ordinance # 13-2004 to the agenda. Roll Call:  All Aye.

MAYOR’S REPORT:  Mayor Kelly thanked NathanDavis for holding the Public Hearing regarding the Armbruster property.  Mr.Kelly noted Wage Ordinance #10-2004 is an amendment and needs only one reading.Mr.Kelly thanked the Fire Dept. for a good job putting out the old Brickyard Restaurant fire.  Mayor Kelly presented a slide show concerning the progress and stage of Bristol/Armbruster Park.

OLD BUSINESS:  Auditor Whaley reported he had spoke with the Mayor regarding the pay increase.  Mr.Whaley stated he did not recommend amending the Wage Ordinance until the 2nd meeting in April.  Mr.Whaley mentioned the income tax has not increased; it is the same as a year ago.  Mr.Whaley stated currently the General Fund has $117,000.00 and tonight we will transfer $90,000.00 to Police and $35,000.00 to Bridge & Street, we have another payroll and the bills to pay for the month.  At this rate we may not have the money to carry us through March.  We should receive the first half of the real estate tax by the first of April and if the money is not enough we may have to wait for the wage increase until June.

President Reed recommended having a workshop on Tuesday the 24th to discuss the possibility of a wage increase.

Councilman Downey stated he apposed waiting to give a pay increase.

Councilman Kempton stated he would push something off in place of delaying a pay increase.

Councilman Downey made a motion, seconded by CouncilmanKemper to move on Ordinance # 10-2004 as proposed.  Roll Call: All Aye, Jones: Nay, Blakeman: Abstain, Thompson: Nay, Reed: Nay.

Councilman Blakeman made a motion, seconded by Councilwoman Thompson to hold a Wage Ordinance Workshop on Tuesday the 24th of Feb. at 7pm.  Roll Call:  All Aye.

NEW BUSINESS: 

Councilman Blakeman made a motion, seconded by Councilwoman Thompson to allow City Buildings to be used as polling places.  Roll Call: All Aye.

Councilman Kemper made a motion, seconded by Councilman Jones to change the next council meeting to Thursday, March 4, 2004 due to elections on the regular meeting day.  Roll Call: All Aye.

*Transfer of Liquor permit form the County Seat to El Charro Mexican Steakhouse LLC.

Councilman Kempton made a motion, seconded by Councilwoman Thompson to recommend passing the name change for the liquor permit for El Charro Mexican Steakhouse LLC, no request for hearing. Roll Call:  All Aye.

Ordinance # 12-2004  (1stReading) – Councilman Jones read Ordinance # 12-2004 in its entirety for the first reading.

Ordinance # 13-2004 (emergency) – To insure the safety of the City of Waverly well fields, which affects the City of Waverly water supply. 

Councilman Blakeman made a motion, seconded by Councilman Jones to table Ordinance # 13-2004.  Roll Call:  All Aye.

Ordinance # 14-2004 (emergency) – Increase the City of Waverly Municipal Court minimum fines and/or waivers in an amount of $30.00 for each conviction upon a violation of the WaverlyCity Ordinances. (Maximum fines shall remain in accordance with State Legislation) An additional purpose is to increase theMayor’s Court costs from $45.00 to $50.00.  Councilman Downey read Ordinance # 14-2004 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency.  Roll Call:  All Aye.

Resolution #15-2004 (emergency) – To authorize the Auditor to transfer $90,000.00 from the General Fund to the Police Fund.  Councilman Downey read Resolution # 15-2004 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency.  Roll Call:  All Aye.

Resolution # 16-2004 (emergency) – To authorize the Auditor to transfer $35,000.00 from the General Fund to the Bridge & Street Fund.  Councilman Kemper read Resolution # 16-2004 in its entirety and made a motion, seconded by Councilman Kempton to approve it as an emergency.  Roll Call:  All Aye.

AUDITOR’S REPORT: 

Councilman Downey made a motion, seconded by CouncilwomanThompson to pay the bills. Roll Call:  All Aye.

Councilman Downey made a motion, seconded by CouncilmanKemper to adjourn into executive session regarding a personnel matter.  Roll Call:  All Aye. Blakeman: Nay, Kempton: Nay.

Councilman Blakeman made a motion, seconded by Councilman Kempton to adjourn.  Roll Call:  All Aye. Kemper: Nay.

MARCH 4, 2004

PRESENT:  President DaleReed, Councilwoman JoyceThompson, Councilmen JackJones, Forest Blakeman, LynnDowney, RogerKemper, and GregKempton.  Auditor Harvey Whaley.  Mayor Bill Kelly was excused.

The meeting was opened at 7:00 pm with Councilman Kemper leading Council and guests in the pledge of allegiance to the flag.

MINUTES:  Councilman Kemper made a motion, seconded by Councilman Downey to approve the minutes of the February 17, 2004 regular meeting.  Roll Call: All Aye.

FINANCE REPORT:  Councilman Downey made a motion, seconded by Councilwoman Thompson to approve the February 2004 finance report.  Roll Call: All Aye.

COMMUNICATIONS AND COMMITTEE REPORTS:

Finance Committee:  Councilman Downey reported the year to date receipts were the same as last year.  Mr. Downey stated he feels the receipts will increase but not until the end of the quarter.

Councilman Downey made a motion, seconded by Councilman Kemper to add Ordinance # 19-2004 to the agenda.  Roll Call:  All Aye.

Personnel Committee:Councilman Kemper had no report.

Street Committee:  Councilman Kempton stated he had received a letter from City Engineer Bob Gausman regarding the alley that runs next to the old Kalf’s building.  Mr. Kempton mentioned they will be working on getting an answer regarding the alley and if it should become two way. 

Zoning Committee:  Councilman Jones had no report.

Recreation Committee:  Councilman Blakeman had no report.

Public Service Committee:  Councilwoman Thompson made a motion, seconded by Councilman Blakeman to add Resolution # 20-2004 to the agenda.  Roll Call: All Aye.

Councilwoman Thompson made a motion, seconded by Councilman Kemper to hire Jared Roe as an interim part time dispatcher at a pay rate of $8.65 per hour. Roll Call:  All Aye.

AUDIENCE PARTICIPAITON:  ZackPfeifer was present in the audience.  Mr. Pfeifer asked that Council consider doing something to correct the problem with flooding and drainage at his car wash on 104.  Mr. Pfeifer asked for a permanent fix.  The Street Dept. in the past has performed temporary fixes.  Councilman Blakeman asked if he had any ideas.  Mr. Pfeifer mentioned possibly a concrete basin or a concrete mouth on the culvert. 

President Reed placed the issue in Councilman Kempton’s committee.

MAYOR’S REPORT:  Mayor Kelly was excused.

OLD BUSINESS: 

Ordinance # 12-2004 (2nd Reading) – To rezone property associated with the proposed, Park view at Canal Crossing Subdivision, as requested by the Armbruster Limited Family Partnership, LTD.  Councilman Downey made a motion, seconded by Councilwoman Thompson to read Ordinance #12-2004 by title only.  Roll Call: All Aye.

Councilman Downey read Ordinance # 12-2004 by title only for the second reading. 

NEW BUSINESS: 

Resolution # 17-2004 (dispense 2nd & 3rd) – To authorize the Mayor and Auditor to enter into a standard contract for construction with KC Landscaping Inc. for completion of construction associated with the City of Waverly Sandstone Entrance Feature Project.  Councilman Downey read Resolution # 17-2004 in its entirety and made a motion, seconded by Councilman Kemper to approve it.  Roll Call:  All Aye.

Discussion:  Economic Developer Nathan Davis presented a presentation concerning the Sandstone Entrance Feature Project.  Mr. Davis mentioned a survey was conducted and of the participants the majority wanted the embankment to be beautified and moderate landscaping.  Mr. Davis stated some of the sandstone from the canal will be used and the new seal will be incorporated in the design and the sign will read Waverly Founded 1829 and will be 25 ft. by 7 ft.  

Councilman Kempton asked if the Street Dept. would have to maintain the landscaping.  Mr. Davis stated the landscaping might need light trimming once a year and we could possibly contract KC Landscaping to do the work. 

Resolution # 18-2004 (emergency) – To preserve the confidentiality of the Water System Vulnerability Assessment and to prevent the distribution of said vulnerability assessment as well as the emergency response plans as a public record.  Councilwoman Thompson read Resolution # 18-2004 in its entirety and made a motion, seconded by Councilman Blakeman to approve it as an emergency.  Roll Call: All Aye.

Ordinance # 19-2004 (emergency) – To amend Ordinance # 75-2003 the proposed Budget and Appropriation for 2004.  Councilman Blakeman read Ordinance # 19-2004 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency.  Roll Call:  All Aye.

Discussion:  Councilman Downey asked what the practical outlook is for spending.  Auditor Whaley stated the Co. Auditor has said he will try to cut us a check for the taxes by the 15th of March.  Mr. Whaley mentioned he hoped to meet with the law director next week to look at the process of obtaining a loan to operate. 

Resolution # 20-2004 (emergency) – To authorize the Mayor and Auditor to borrow $187,000.00 from the First National Bank of Waverly to purchase a new Flush Truck (One Vac-Con V 290/1000 S11A mounted on a new sterling L7501 chassis) from Best Equipment Co. Inc., of North Royalton, Ohio.

Councilwoman Thompson read Resolution # 20-2004 in its entirety and made a motion, seconded by Councilman Blakeman to approve it as an emergency.  Roll Call:  All Aye.

Councilman Downey made a motion, seconded by CouncilmanKemper to add Ordinance # 10-2004 to the agenda.  Roll Call: All Aye.  Blakeman:  Abstain.

Ordinance # 10-2004 (emergency) – To amend the Wage Ordinance for the City of Waverly for the year 2004. Councilman Downey read Ordinance # 10-2004 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency.  Roll Call:  All Aye.  Blakeman: Abstain.

Discussion:  Councilman Downey stated with the uncertainty of the receipts the Wage Ordinance should not be in effect until we have the money. 

AUDITOR’S REPORT: 

Mr.Whaley stated he would like to meet with the committee regarding the curb and gutter assessment for Green Acres. 

Councilman Downey made a motion, seconded by Councilwoman Thompson to pay the bills.  Roll Call: All Aye.

Councilman Blakeman made a motion, seconded by Councilman Downey to adjourn.  Roll Call:  All Aye.

MARCH 16, 2004

PRESENT:  President DaleReed, Councilwoman JoyceThompson, Councilmen JackJones, Forest Blakeman, LynnDowney, RogerKemper, and GregKempton.  Auditor Harvey Whaley.  Mayor Bill Kelly was excused.

The meeting was opened at 7:00 pm with Councilman Jones leading Council and guests in the pledge of allegiance to the flag.

MINUTES:  Councilman Kemper made a motion, seconded by Councilwoman Thompson to approve the minutes of the March 4, 2004 regular meeting. Roll Call:  All Aye.

COMMUNICATIONS AND COMMITTEE REPORTS:

Finance Committee:  Councilman Downey reported the tax receipts are ahead of what they were this time last year.  Mr. Downey mentioned the Auditor is supposed to receive funds from the County on Friday.

Councilman Downey made a motion, seconded by Councilman Kemper to make the effective date for the Wage Ordinance # 10-2004, April 1, 2004 if the funds are received from the County.  Roll Call:  All Aye.  Blakeman: Abstain

Councilman Downey made a motion, seconded by CouncilmanKemper to add Resolution # 22-2004 to the agenda.  Roll Call: All Aye.

Councilman Downey made a motion, seconded by CouncilwomanThompson to add Resolution # 23-2004 to the agenda.  Roll Call: All Aye.

Councilman Downey made a motion, seconded by CouncilmanJones to add Resolution # 24-2004 to the agenda.  Roll Call: All Aye.

Personnel Committee:   Councilman Kemper ask Council to consider hiring Rob Deering on a contracted basis to perform consulting for the Cities hardware and software for computers at a rate of $25.00 per hour, guaranteed 10 hours per month. 

Councilman Kemper made a motion, seconded by Councilman Downey to hire and enter into contract with Rob Deering as the Cities information consultant at a rate of $25.00 per hour, guaranteed 10 hours per month.  Roll Call:  All Aye.

Mr.Kemper mentioned March is MRDD Awareness month and there will be an open house on Friday, March 26th from 9 to 4:30.

Street Committee:  Councilman Kempton reported a meeting had been held regarding the alley that runs next to the old human services building and it was decided to leave the alley the way it is, due to the work being done to Ford Ave.

Mr.Kempton mentioned the Street Dept. went to the car wash on Rt. 104 and did a good job cleaning up with the backhoe; this is a temporary fix while Dean can looks at different solutions for the problem.

Councilman Kempton made a motion, seconded by Councilman Jones to add Resolution # 21-2004 to the agenda. Roll Call:  All Aye.

Zoning Committee:  Councilman Jones had no report.

Recreation Committee:  Councilman Blakeman reported he had a conversation with the Mayor regarding Adelphia and stations that are no longer offered that were a part of the agreement. 

Councilman Blakeman made a motion, seconded by Councilman Kemper to write a letter to Adelphia concerning the problem with cable stations.  Roll Call:  All Aye.

Public Service Committee:  Councilwoman Thompson mentioned the bids were here to be opened for the Lagoon Cleaning.

S.A. Sidle Construction        $39,778.00

Utter                                        $73,068.24

Foill Inc.                                  $73,300.00

Pohlkat                                   $73,600.00

Burch Hydro                           $36,516.00

Midwest                               $202,250.00

Merrell Brothers                     $74,370.00 if done by April 30th

                                                $69,320.00 if done by June 30th

President Reed stated JimMcCourt should look over the bids and come back to Council with a recommendation.

MAYOR’S REPORT:  Mayor Kelly was excused.

OLD BUSINESS: 

Councilman Kemper made a motion, seconded by Councilman Downey to read Ordinance # 12-2004 by title only for the third reading.  Roll Call:  All Aye.

Ordinance # 12-2004 (3rd Reading) – To rezone property associated with the proposed, Park view at Canal Crossing Subdivision; as requested by the Armbruster Limited Family Partnership, LTD. Councilman Jones read Ordinance # 12-2004 by title only and made a motion, seconded by Councilman Downey to approve it.  Roll Call:  All Aye.

NEW BUSINESS: 

Ordinance # 13-2004 (Emergency) – To insure the safety of the City of Waverly well fields, which affects the City of Waverly water supply. Councilwoman Thompson read Ordinance # 13-2004 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency.  Roll Call:  All Aye.

Resolution # 21-2004 (Dispense 2nd & 3rd) – To authorize the Mayor and Auditor to enter into contract with Purdom, Kaskey & Assoc. Inc. to provide engineering services for the City of Waverly North Street Reconstruction Project.  Councilman Kempton read Resolution # 21-2004 in its entirety and made a motion, seconded by Councilman Kemper to approve it.  Roll Call: All Aye.

Discussion:  NathanDavis stated they are going to try to get the design complete and the bid out by October 04’ and start work in Feb. 05’, so there will be no money spent this year. Councilman Downey asked what the timetable would be for completing the project.  Mr. Davis stated he was hoping to start the project this summer but the School Board was hesitant to have road construction during the first year of school at the new buildings.  Mr. Davis mentioned they hoped to have a substantial amount of construction complete during the summer break.

Resolution # 22-2004 (Emergency) – To authorize the Auditor to transfer $35,000.00 from the General Fund to the School Access/West North Street Fund.  Councilman Downey read Resolution # 22-2004 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency.  Roll Call:  All Aye.

Resolution # 23-2004 (Emergency) – To authorize the Auditor to transfer $20,000.00 from the General Fund to the Ford Avenue Fund.  Councilman Downey read Resolution # 23-2004 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency.  Roll Call:  All Aye.

Discussion:  Councilman Blakeman asked when the project is supposed to start.  Mr. Davis stated April 1st and it is a 60-day contract and it will hopefully be completed by June 1st.

Resolution # 24-2004 (Emergency) – To authorize the Auditor to transfer $3,000.00 from the General Fund to the Emergency Siren Fund.  Councilman Downey read Resolution # 24-2004 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency.  Roll Call:  All Aye.

AUDITOR’S REPORT: 

Mr. Whaley stated he had passed out an information sheet of an estimate, end of the month balance for the General, Police & Bridge & Street Funds.  Mr. Whaley mentioned there is a possibility we will be transferring money to the Police & Street Funds.  We will not be receiving any significant money until August. 

Currently we are about $7,000.00 ahead of last year for March and we are hoping the taxes double in April.  Mr. Whaley mentioned he and the Law Director are working through the process of borrowing money.  Possibly next Council we may have to have a Resolution to borrow $200,000.00 to $300,000.00 and it has to be paid back within 6 months. 

Mr. Whaley request that the tax dept. pay two times a month.

Councilman Downey made a motion, seconded by CouncilwomanThompson to pay the bills. Roll Call:  All Aye.

Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn.  Roll Call:  All Aye.

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