 |
 |
 |
 |
 |
 |
 |
 |
 |
2005 Second Quarter
April- June
April 5, 2005
April 19, 2005
May 5, 2005
May 17, 2005
June 7, 2005
June 21, 2005
PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Lynn Downey, Roger Kemper, and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley.
The meeting was opened at 7:00 pm with Councilman Blakeman 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 15, 2005 regular meeting. Roll Call: All Aye.
FINANCE REPORT: Councilman Downey made a motion, seconded by Councilman Kempton to approve the March 2005 finance report. Roll Call: All Aye.
COMMUNICATIONS AND COMMITTEE REPORTS:
Finance Committee: Councilman Downey reported the income tax receipts are $150,000.00 ahead of last year. Our finances are looking positive.
Personnel Committee: Councilman Kemper made a motion, seconded by Councilman Downey to hire Mickele Reisinger as a part time extra laborer for Parks & Recreation at a rate of $7.43 per hour to begin on April 11, 2005. Roll Call: All Aye.
Street Committee: Councilman Kempton reported the storm drain on Locust Street is extremely low; it has dropped at least 11/2 foot. This is very dangerous.
Councilman Downey mentioned people are continuing to run the red lights at Clough St. and 23. Chief Roe stated he would put someone there to patrol.
Zoning Committee: Councilman Jones had no report.
Recreation Committee: Councilman Blakeman asked if anything has been done about the dilapidated barn on Bridge Street. Mayor Kelly stated both owners have been contacted and are coming in to talk about the issue in a week or two.
Public Service Committee: Councilwoman Thompson made a motion, seconded by Councilman Kemper to hire Philip Hopper as a full time police officer at a rate of $12.28 per hour beginning April 1, 2005. Roll Call: All Aye.
Councilwoman Thompson made a motion, seconded by Councilman Kemper to hire Mariean Bettaso as a part time dispatcher at a rate of $9.16 per hour. Roll Call: All Aye.
Councilwoman Thompson made a motion, seconded by Councilman Kemper to appoint Christopher King as an Auxiliary Police Officer. Roll Call: All Aye.
Councilwoman Thompson made a motion, seconded by Councilman Kemper to appoint Amanda Ramsey as an Auxiliary Police Officer. Roll Call: All Aye.
Councilwoman Thompson made a motion, seconded by Councilman Blakeman to hire Tommy Wallace as an Auxiliary Fire Fighter. Roll Call: All Aye.
AUDIENCE PARTICIPATION: Chris Mason the Asst. Director of the Humane Society asked council to consider changing 2 parking spaces at 119 W. 2nd St. to No Parking loading zone or reserved. Ms. Mason stated they are now considered law enforcement agents and they believe the spaces are necessary.
The issue was placed in the Street Committee and Councilman Kempton stated he would take another look at the situation.
** Mona Dixon one of the local skate boarders mom addressed Council regarding fundraising to help with cost for a new skate park. Councilman Kempton mentioned it would be a little premature and would be best if they waited to start trying to raise funds until there is something in concrete about a skate park. Ms. Dixon asked if they could have permission to close the park on couple of Saturday’s this summer for the children to skate board.
President Reed stated one of the bigger obstacles is going to be insurance.
Mayor Kelly stated that no one at Council has spoken against the possibility of a skate park but the bad news is its going to take planning, fund raising and time. The new park at Bristol Village started 9 years ago in the planning stage.
**Walter Tackett from the St. Anthony’s lane subdivision voiced his concerns regarding the lack of money spent in the area and stated it looks like a barn yard. Mr. Tackett mentioned there are problems with drainage, parking, traffic and cosmetic issues. Mr. Tackett asked why all of the Metropolitan Housing has to be up on the hill. Councilman Downey stated that project was built without adequate infrastructure. Mayor Kelly stated almost all of the storm drain, curb & gutter projects come from grant money. Mayor Kelly asked Mr. Tackett to set up a meeting with Bob Gausman and look into the problems.
MAYOR’S REPORT: Mayor Kelly reported Congressman Portman has been appointed to President Bush’s cabinet. Mayor Kelly stated the 3.2 million is sitting in the Senate for approval. Mayor Kelly mentioned he has met with Mike DeWine and his son Pat. Mr. Kelly stated Mike DeWine supports and is working on the $3.2 million with Senator Voinovich. Pat DeWine has pledged his support if he is elected to Congressman Portman’s office.
Mayor Kelly asked if anyone knew of someone who would be a possible person for the Waverly City Planning Commission to let him know.
OLD BUSINESS:
Ordinance # 7-2005 (2ND Reading) – To vacate .2849 acres of permanent right of way in association with “Emmitt Avenue (US 23), in Waverly, Ohio. Councilman Jones made a motion, seconded by Councilman Kempton to read Ordinance # 7-2005 by title only for the 2nd Reading. Roll Call: All Aye.
Councilman Jones read Ordinance # 7-2005 by title only for the 2nd reading.
Ordinance # 8-2005 (2nd Reading) – To approve a description, plat and quit claim deed granting .2849 acres to Randall Roe, in exchange for .4992 acres for the purpose of designing, constructing and maintaining a portion of the planned roadway presently referred to as “The Waverly South Connector” in Waverly, Ohio. Councilman Jones made a motion, seconded by Councilman Blakeman to read Ordinance # 8-2005 by title only for the 2nd Reading. Roll Call: All Aye.
Councilman Jones read Ordinance # 8-2005 by title only for the 2nd reading.
Ordinance # 22-2005 (2nd Reading) – To approve a description, plat and quit claim deed dedicating .4992 acres to the City of Waverly, OH, for the purpose of designing, constructing and maintaining a portion of the planned roadway presently referred to as: “The Waverly South Connector”, in Waverly, Ohio. Councilman Blakeman made a motion, seconded by Councilman Downey to read Ordinance # 22-2005 by title only for the 2nd Reading. Roll Call: All Aye.
Councilman Blakeman read Ordinance # 22-2005 by title only for the 2nd reading.
Ordinance # 23-2005 (2nd Reading) - To make conduct whereby a person knowingly and willfully verbally abuses or makes derogatory remarks to a police officer or other duly authorized officer of the peace in the performance of his or her duties of their office or employment a minor misdemeanor. Further, the purpose of this ordinance is to set forth the penalties for said behavior, to wit: the maximum penalty for said behavior shall be a $100.00 fine. Councilwoman Thompson made a motion, seconded by Councilman Kempton to read Ordinance # 23-2005 by title only for the 2nd Reading. Roll Call: All Aye.
Councilman Thompson read Ordinance # 23-2005 by title only for the 2nd reading.
Discussion: Chief Roe explained this is not just to prevent comments but basically to prevent abusive behavior toward an officer. It goes along the line of disorderly conduct.
Ordinance # 28-2005 (2nd Reading) – To adopt the attached “Drug-Free Work Place Policy” and “Drug-Free Work Place Program” for the departments of the City of Waverly. Councilman Kemper made a motion, seconded by Councilman Kempton to read Ordinance # 28-2005 by title only for the 2nd Reading. Roll Call: All Aye.
Councilman Kemper read Ordinance # 28-2005 by title only for the 2nd reading.
NEW BUSINESS:
Resolution # 29-2005 (Emergency) - To support the condemnation by the Ross County Building Department of the building/structure located on South Market Street, as owned by the Pike County Government and referred to as the “Stiffler Building”, as associated with the Deed of Executor filed in the Pike County Recorder’s Office on April 24, 1984, volume 209, pages 215 and 216; in order to remove the city of Slum and Blight. Councilman Jones read Resolution # 29-2005 in its entirety and made a motion, seconded by Councilman Downey to approve as an emergency. Roll Call: All Aye.
Ordinance # 30-2005 (Emergency) – To amend Ordinance # 13-2005 the Amended Budget Appropriations for the year 2005 Sewer Fund Increase. Councilman Downey read Ordinance # 30-2005 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye.
Councilman Blakeman made a motion, seconded by Councilman Downey to accept the lowest bid made for the Construction of the metal building to cover the sludge pad by Stockmeister Enterprises Inc. for $132,180.00. Roll Call: All Aye.
Councilman Blakeman made a motion, seconded by Councilwoman Thompson to allow the use of City buildings for poling stations. Roll Call: All Aye.
** Transfer of Liquor Permit from Crooked Creek to Bad Barracudas.
Councilman Kemper made a motion, seconded by Councilwoman Thompson to request a hearing in the County Seat regarding the transfer of the Crooked Creek liquor permit to Bad Barracudas. Roll Call: All Aye.
AUDITOR’S REPORT:
Mr. Whaley stated after paying the bills this Council we will have a cash balance of $195,000.00. We are doing pretty well.
Councilman Downey made a motion, seconded by Councilman Jones to pay the bills. Roll Call: All Aye.
Mayor Kelly thanked Frank Swearingen, the radio and newspapers for a job well done.
Councilman Blakeman made a motion, seconded by Councilwoman Thompson to adjourn. Roll Call: All Aye.
PRESENT: President Dale Reed, Councilmen Jack Jones, Forest Blakeman, and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. Councilwoman Joyce Thompson, Councilman Lynn Downey and Roger Kemper were excused.
The meeting was opened at 7:00 pm with Mayor Bill Kelly leading Council and guests in the pledge of allegiance to the flag.
MINUTES: Councilman Blakeman made a motion, seconded by Councilman Jones to approve the minutes of the April 5, 2005 regular meeting. Roll Call: All Aye.
COMMUNICATIONS AND COMMITTEE REPORTS:
Finance Committee: Councilman Downey was excused.
Personnel Committee: Councilman Kemper was excused.
Street Committee: Councilman Kempton reported the Street committee was unable to meet prior to this Council meeting regarding the request for parking in front of the Humane Society. Mr. Kempton mentioned a problem with signage that is not up for the truck route. Mr. Gausman stated he has been in contact with ODOT and they are concerned and think we shouldn’t separate the truck route from St. Rt. 220. ODOT would like to be assured of the adequacy of the streets handling the traffic. Mr. Gausman stated we have upgraded the existing streets and they are a lot better for truck traffic. Mr. Gausman mentioned he doesn’t want to wait until the Connector road is complete to re-designate St. Rt. 220.
Mayor Kelly stated the 1st step is to convince them to revisit moving St. Rt. 220 through town. Mayor Kelly mentioned he would speak with the Deputy Director of District 9 Harry Fry.
Zoning Committee: Councilman Jones had no report.
Recreation Committee: Councilman Blakeman asked where we stood on the old barn that is falling down. Mayor Kelly stated the barn owner is going to rehab the barn he is having people come to help him with the work.
Councilman Blakeman stated the park director Woody Schaeffer had come to him regarding a safety issue at Walnut Street Park. Mr. Blakeman stated there is a need for a fence at the top of the basketball court to prevent someone from falling.
Mayor Kelly mentioned he and Councilman Jones had requested parking signs for Robin Road in Bristol Village. Mr. Kelly stated people have been parking and walking through Bristol Village to get to the ball fields. The Police Dept. was called and the people were asked not to do so. Mr. Kelly stated we may have to bite the bullet and put the signs up.
Councilman Kempton questioned the enforceability of the signs.
Councilman Blakeman asked why we have never put signs up on Morningside Drive when there were football & basketball games. Mr. Blakeman stated the streets are City streets and anybody can park on them.
Mr. Nathan Davis mentioned two options: No parking on City streets or give the streets to Bristol Village as private property and let them take over the care and maintenance.
Mayor Kelly mentioned we could use residential parking only and if you don’t live here you can’t park here.
Public Service Committee: Councilwoman Thompson was excused.
MAYOR’S REPORT: Mayor Kelly reported the Planning Commission is nearly ready to get started and we have four people willing to serve along with me, Mike Corwin, Barb Early, Frank Perry and Jeff Allen.
OLD BUSINESS:
ORDINANCE # 7-2005 (3rd Reading) – To vacate .2849 acres of permanent right of way in association with “Emmitt Avenue (US 23), in Waverly, Ohio.
Councilman Jones made a motion, seconded by Councilman Kempton to read Ordinance # 7-2005 by title only. Roll Call: All Aye.
Councilman Jones read Ordinance # 7-2005 by title only for the 3rd reading and made a motion that was never second. Ordinance # 7-2005 died for lack of a second.
Councilman Kempton stated he was unable to vote on these Ordinances due to ethical reasons.
Ordinance # 8-2005 & Ordinance # 22-2005 were not read for the third reading because of lack of Council members to vote.
Ordinance # 23-2005 (3rd Reading) - To make conduct whereby a person knowingly and willfully verbally abuses or makes derogatory remarks to a police officer or other duly authorized officer of the peace in the performance of his or her duties of their office or employment a minor misdemeanor. Further, the purpose of this ordinance is to set forth the penalties for said behavior, to wit: the maximum penalty for said behavior shall be a $100.00 fine. Councilman Blakeman made a motion, seconded by Councilman Jones to read Ordinance # 23-2005 by title only. Roll Call: All Aye.
Councilman Blakeman read Ordinance # 23-2005 by title only and made a motion, seconded by Councilman Kempton to approve it. Roll Call: All Aye.
Ordinance # 28-2005 (3rd Reading) – To adopt the attached “Drug-Free Work Place Policy” and “Drug-Free Work Place Program” for the departments of the City of Waverly. Councilman Kempton made a motion, seconded by Councilman Blakeman to read Ordinance # 28-2005 by title only. Roll Call: All Aye.
Councilman Kempton read Ordinance # 28-2005 by title only and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye.
NEW BUSINESS:
Ordinance # 31-2005 & 32-2005 were tabled until the next meeting due to a lack of council members present to vote.
AUDITOR’S REPORT:
Auditor Harvey Whaley stated we are still looking fairly good, the revenue from income tax is promising. Yet, we have significant outstanding debt to be repaid in the next month or two.
Councilman Kempton made a motion, seconded by Councilman Jones to pay the bills. Roll Call: All Aye.
Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye.
PRESENT: Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Lynn Downey, Roger Kemper and Greg Kempton. Council President Dale Reed, Mayor Bill Kelly and Auditor Harvey Whaley were excused.
Councilman Downey made a motion, seconded by Councilman Jones to appoint Councilwoman Thompson as Acting President. Roll Call: All Aye.
The meeting was opened at 7:00 pm with Councilman Blakeman 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 April 19, 2005 regular meeting. Roll Call: All Aye.
FINANCE REPORT: Councilman Downey made a motion, seconded by Councilman Kempton to approve the April 2005 Finance Report. Roll Call: All Aye.
COMMUNICATIONS AND COMMITTEE REPORTS:
Finance Committee: Councilman Downey reported contrary to the newspaper report he is here, I did not resign, and the paper is not to blame. Mr. Downey stated he was startled to say the least when he heard he had lost the race. Mr. Downey mentioned, Mayor Kelly asked that he not resign. Councilman Downey asked Jonathon Claytor if he could ask him a few questions. Mr. Claytor said, yes. Councilman Downey asked what Mr. Claytor planned to due concerning the income tax if he was going to try to get it repealed. Mr. Claytor stated he didn’t feel it needs to be changed, just spent a little better. Councilman Downey asked Mr. Claytor how he felt regarding the three unions that have been voted in at the Police Dept. Mr. Claytor stated he is in favor of unions.
Personnel Committee: Councilman Kemper congratulated the office winners from the recent election and stated this is what Democracy is all about.
Street Committee: Councilman Kempton reported he didn’t have anything ready to take action on.
Zoning Committee: Councilman Jones had no report.
Recreation Committee: Councilman Blakeman had no report.
Public Service Committee: Councilwoman Thompson had no report.
MAYOR’S REPORT: Mayor Kelly was excused. Nathan Davis spoke on the Mayor’s behalf. Mr. Davis requests that Council table for reconsideration Ordinance # 7, 8, & 22 at a later date.
Councilman Downey stated he did not agree.
Councilman Downey made a motion, seconded by Councilman Kempton to reconsider Ordinance # 7-2005. Roll Call: All Aye.
OLD BUSINESS:
Councilman Kemper made a motion, seconded by Councilman Kempton to read Ordinance # 7-2005 by title only. Roll Call: All Aye.
ORDINANCE # 7-2005 (3rd Reading) – To vacate .2849 acres of permanent right of way in association with “Emmitt Avenue (US 23), in Waverly, Ohio. Councilman Jones read Ordinance # 7-2005 by title only and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Nay. Thompson: Abstain. Kemper: Aye.
Discussion: Councilman Jones asked if we are sure the road is going to be where the land is to be swapped. Nathan stated yes it is.
Councilman Kempton stated he has spoken to several people concerning his voting for the land swap ordinances. Mr. Kempton stated he can not find anyone who considers it unethical. Mr. Kempton stated he will be voting.
Councilman Kempton stated the belief that if the land transfer doesn’t take place then the road doesn’t happen is not true.
Mr. Kempton mentioned one other point if the land transfer doesn’t take place and the property owner is not willing to sell, Municipalities has the right to exercise Eminent Domain and compensate the property owner for the property needed.
Nathan Davis stated 1 million has been approved as a 2005 Federal Hwy. grant. ODOT has committed to 4.1 million and 3.2 million from the 2006 Federal Hwy. grant is pending approval of the Senate. The project is well over half way funded.
Councilman Downey asked when the earliest date the road will begin is. Nathan stated 2007.
Councilman Downey asked what the hurry is. Mr. Davis stated there is no hurry.
Councilman Kempton made a motion, seconded by Councilman Kemper to read Ordinance # 8-2005 by title only. Roll Call: All Aye.
Ordinance # 8-2005 (3rd Reading) – To approve a description, plat and quit claim deed granting .2849 acres to Randall Roe, in exchange for .4992 acres for the purpose of designing, constructing and maintaining a portion of the planned roadway presently referred to as “The Waverly South Connector” in Waverly, Ohio. Councilman Downey read Ordinance # 8-2005 by title only and made a motion, seconded by Councilman Blakeman to approve. Roll Call: All Nay. Kemper & Thompson: Aye.
Councilman Kempton made a motion, seconded by Councilman Kemper to read Ordinance # 22-2005 by title only. Roll Call: All Aye.
Ordinance # 22-2005 (3rd Reading) – To approve a description, plat and quit claim deed dedicating .4992 acres to the City of Waverly, OH, for the purpose of designing, constructing and maintaining a portion of the planned roadway presently referred to as: “The Waverly South Connector”, in Waverly, Ohio. Councilman Kempton read Ordinance # 22-2005 by title only and made a motion, seconded by Councilman Downey to approve it. Roll Call: All Nay. Thompson: Abstain. Kemper: Aye.
NEW BUSINESS:
Ordinance # 31-2005 (Dispense 2nd & 3rd) – To authorize the Auditor to enter into a contract with APX Consulting Group, LLC. To provide additional engineering services for the City of Waverly West North Street Reconstruction Project. Councilman Downey read Ordinance # 31-2005 in its entirety and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Aye.
Resolution # 32-2005 (Dispense 2nd & 3rd) – To enter into contract with Cross Management Consulting Services, Inc. Councilman Kempton read Resolution # 32-2005 in its entirety and made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye.
Ordinance # 33-2005 (Dispense 2nd & 3rd) – To approve the membership for the City of Waverly Municipal Planning Commission in accordance with the Waverly City Charter and other rules stipulated or agreed upon by the City Council of Waverly, Ohio. Councilman Downey read Ordinance # 33-2005 in its entirety and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Aye.
Ordinance# 34-2005 (Emergency) – To adopt the amended Budget Appropriations for the 2005. Councilman Downey read Ordinance # 34-2005 in its entirety and made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye.
AUDIENCE PARTICIPATION:
*Jeff Kohler owner of Cardo’s was present and stated when Ford Avenue was reconstructed and the curb outside Cardo’s was changed during the negotiations to approve the plans Mayor Kelly proposed that he would sell me a small section from the park area in return for me signing off. Mr. Kohler asked where this issue stands. Councilman Kempton stated no action has been taken on this matter.
Councilman Blakeman stated he has a deep concern for parks in the City of Waverly. Mr. Blakeman stated he was not aware of any land to be sold. Mr. Blakeman mentioned he had made plans to revitalize Canal Park with grant funds if they are available. Mr. Blakeman stated he was not interested in selling any park land.
Councilman Kempton stated he and Mr. Blakeman will walk over after the meeting and take a look.
* Russell McFarland a resident of St. Ann’s Lane was present and stated a little over two weeks ago he drove back from Florida. Mr. McFarland stated he never saw near the trash anywhere that he saw from the bottom of the hill to St. Mary’s Lane. The trash in ditches is terrible if we have a heavy rain we will have backed up water. The road used to be a good road. The homes have 4 and 5 cars parked in the driveways and broken down cars in the backyards.
Councilwoman Thompson stated maybe someone could meet with Dean from the Street dept.
Councilman Kempton asked if there is an Ordinance to move vehicles within 24 hours. Chief Roe stated there isn’t, yet you must have current tags and tires must be up.
AUDITOR’S REPORT:
Auditor Harvey Whaley was excused.
Councilman Downey made a motion, seconded by Councilman Kemper to pay the bills. Roll Call: All Aye.
Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye.
PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Lynn Downey, Roger Kemper and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley.
The meeting was opened at 7:00 pm with Councilman Jack Jones 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 May 5, 2005 regular meeting with correction to Ordinance # 7-2005 roll call. Roll Call: All Aye.
Mayor Kelly questioned Councilman Blakeman concerning comments he made during the May 2nd Council that he was unaware of any land to be sold, yet during the Feb. 15th meeting, minutes reveal discussion of that topic. Mr. Blakeman stated his statement was misinterpreted and he meant he was unaware of any land approved for sale.
COMMUNICATIONS AND COMMITTEE REPORTS:
Finance Committee: Councilman Downey reported we are doing pretty well. April income tax receipts were $350,000.00 and for April 2004 they were $273,000.00. Our year to date receipts is $730,000.00 verses $501,000.00 a year ago. We have a lot of money to spend yet, I am sure it can be done.
Personnel Committee: Councilman Kemper made a motion, seconded by Councilwoman Thompson to hire Cory Elliott for part time summer help with Parks & Recreation at a rate of $ 7.43 per hour. Roll Call: All Aye.
Councilman Kemper asked if clarification could be obtained on Roberts Rules of Order concerning making a motion and then voting against the motion.
Law Director Marie Hoover stated Ordinances 7, 8 & 22 were not presented correctly.
President Reed stated he and Mayor Kelly had requested the Ordinances not be presented again until they were able to attend the council meeting and they were presented anyway.
Street Committee: Councilman Kempton stated after the last council meeting he, Jeff Kohler from Cardo’s and Councilman Blakeman went to look at the property. Mr. Kempton stated no one wants to give up land. Mr. Kempton mentioned he looked at the curb and gutter and wonders if we could lower 2 places of the curbing and give back the parking he had instead of selling the land. Engineer Bob Gausman stated there is a conflict with turning off of the Hwy. and people backing out of the business. Nathan Davis mentioned at first there was to be one approach into the parking lot and it was changed for parallel parking for delivery vehicles. Mr. Davis stated the land behind Cardo’s is not being utilized by the City and we have the opportunity to help a local business man.
Mayor Kelly stated the possibility of moving the entrance to the back of the business if we sell him the land.
Councilman Blakeman asked why the access wasn’t changed for Diner 23’s side parking. Mayor Kelly stated the parking didn’t interfere with 23 traffic. Councilman Kempton asked if there is a chance we could move the entrance further from 23.
Mayor Kelly stated we should leave all of the decisions to the engineer. Mr. Kelly mentioned Jeff has done everything we have asked him to do, customers otherwise. President Reed asked Mr. Gausman to speak with Jeff and see if we can get a more detailed map and drawing for the 20ft requested.
Zoning Committee: Councilman Jones had no report.
Recreation Committee: Councilman Blakeman reported a resident from Victory Drive called concerning a tree that is dead on the back side of the levy. The gentleman would like to know if he can cut it down or if the City needs to take care of it. Mr. Blakeman stated he would contact the gentleman and have him contact Bob Gausman.
Economic Developer Nathan Davis stated he felt it inappropriate for Councilman Blakeman to bring up a tree issue during Council. Councilman Blakeman stated this is how he has been instructed to report these concerns. After further discussion, Council President Reed ruled Mr. Davis and Mr. Blakeman out of order.
Public Service Committee: Councilwoman Thompson introduced the Pee Pee Twp. Trustees and the Cemetery Board: Sam Rhoads, Bob Trainer and David Dewitt.
Councilwoman Thompson made a motion, seconded by Councilman Kemper to hire Josh Clark as part time summer help for the Water Distribution Dept. at a rate of $7.43 per hour. Roll Call: All Aye.
Councilwoman Thompson made a motion, seconded by Councilman Kemper to hire Nick Kelley as part time summer help for the Water Distribution Dept. at a rate of $7.43 per hour. Roll Call: All Aye.
Councilwoman Thompson made a motion, seconded by Councilman Kemper to appoint Carl Looney to the position of Fire/Arson Investigator for the Waverly Fire Dept. Roll Call: All Aye.
Councilwoman Thompson made a motion, seconded by Councilman Kempton to appoint Tom Minor as an Auxiliary Police Officer. Roll Call: All Aye.
Combined Cemetery Board Meeting
Present: Sam Rhoads, David Dewitt, Bob Trainer, and Joyce Thompson.
Councilwoman Thompson made a motion, seconded by Sam Rhoads to reappoint Robert Trainer as an Officer of the Cemetery Board. Roll Call: All Aye.
Bob Trainer presented Council with a copy of the finance report.
Mr. Trainer stated they have finally gotten the new cemetery’s west side leveled and seeded. Mr. Trainer hopes to get good grass from the seeding so the side will be ready when it is needed.
Councilman Jones made a motion, seconded by Councilman Kempton to ask the auditor to request the 1 mill tax levy for the Evergreen cemetery from the County Auditor. Roll Call: All Aye.
Sam Rhoads made a motion, seconded by Councilwoman Thompson to adjourn from the joint session. Roll Call: All Aye.
MAYOR’S REPORT: Mayor Kelly thanked the gentlemen from Pee Pee Twp. & the Cemetery Board for coming and let them know their willingness to serve is appreciated.
Mayor Kelly asked that thoughts & prayers go out to the Stephanie Bevens family. The memorial service is May 29th at the Grace United Methodist Church.
Mayor Kelly stated he and Councilwoman Thompson met with Jim McCourt from the Water Dept. he has been working with FEMA concerning the sludge lagoons. We have been awarded a grant from FEMA in the amount of $72,525.00 which we will receive as reimbursement once we have paid for the cleaning and repairs.
Mayor Kelly thanked Jim for all his hard work in fighting for money for the clean up. Mr. Kelly mentioned sometimes John, Larry and Jim are taken for granted because we never see them; Mr. Kelly expressed his appreciation for them.
OLD BUSINESS: Bob Gausman reported ODOT met on May 16th to see about choosing a consultant for the South Connector Road Project. There were 14 proposal received from different firms. ODOT reduced the number to 4 and will submit those names to the Central office. Central office will choose the firm that will be used. Mr. Gausman mentioned RD Zande was one firm we have used in the past.
NEW BUSINESS:
Ordinance # 35-2005 (dispense 2nd & 3rd) - To approve a permanent and temporary easement plat for the installation and maintenance of the S.R. 335 Waterline Project in the City of Waverly, OH as recorded in the Pike County Recorder’s Office, instrument: 200500001887, Plat Volume 4, Page 397. Councilwoman Thompson read Ordinance # 35-2005 in its entirety and made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye.
Resolution # 36-2005 (Emergency) – To authorize the Auditor to transfer $25,000.00 from the General Fund to the Bridge & Street Fund. Councilman Downey read Resolution # 36-2005 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye.
Resolution # 37-2005 (Emergency) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Police Fund. Councilman Kemper read Resolution # 37-2005 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye.
AUDITOR’S REPORT:
Auditor Harvey Whaley invited the Mayor and Council to the pre engagement meeting with the State Auditor’s at 10:30 a.m. on May 19th in the conference room. President Reed asked if it is customary to have the auditor’s here as often as they have been. Mr. Whaley stated they are not always working on the City.
Councilman Kempton made a motion, seconded by Councilman Kemper to pay the bills. Roll Call: All Aye.
Mayor Kelly stated the need to go into executive session concerning contractual negotiations and consideration for City acquisition of real personal property.
Councilman Kemper made a motion, seconded by Councilwoman Thompson to adjourn regular session to executive session concerning reason mentioned above. Roll Call: All Aye.
PRESENT: President Dale Reed, Councilmen Jack Jones, Forest Blakeman, Lynn Downey, Roger Kemper and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. Councilwoman Joyce Thompson was excused.
The meeting was opened at 7:00 pm with Councilman Blakeman leading Council and guests in the pledge of allegiance to the flag.
MINUTES: Councilman Kemper made a motion, seconded by Councilman Blakeman to approve the minutes of the May 17, 2005 regular meeting. Roll Call: All Aye.
FINANCE REPORT: Councilman Downey made a motion, seconded by Councilman Kemper to approve the May Finance Report. Roll Call: All Aye.
COMMUNICATIONS AND COMMITTEE REPORTS:
Finance Committee: Councilman Downey reported the General Fund has $392,000.00 which is above average. Mr. Downey stated since we are so well off we should pay off all our loans.
Personnel Committee: Councilman Kemper had no report.
Councilman Kemper made a motion, seconded by Councilman Downey to add Ordinance # 47-2005 to the agenda. Roll Call: All Aye.
Street Committee: Councilman Kempton had no report.
Zoning Committee: Councilman Jones had no report.
Recreation Committee: Councilman Blakeman had no report.
Councilman Blakeman stated he felt President Reed was out of line ruling him out of order during the last meeting. President Reed stated it is his job to maintain peace and control council meetings. Mr. Reed stated he ask that Councilman Blakeman reframe from comment and he continued to speak therefore he was called out of order. President Reed stated the issue will be addressed at a later time.
Public Service Committee: Councilwoman Thompson was excused.
AUDIENCE PARTICIPATION: Green Acre residents were present in the audience and voiced there concerns regarding the old railroad grade that runs behind their homes. They stated the grade is all grown up, there are weeds against the fence and the mosquitoes are terrible, some can’t swim in there pools because of the mosquitoes. They mentioned it is not their responsibility to keep it clean, it is the Cities. One resident asked about prisoners keeping it clean. President Reed stated we no longer have a jail. President Reed asked if Bob Gausman has looked at the area. Mr. Gausman stated he has and it is very grown up but we may have a problem with the grade being so steep in places, we may have to lower the grade to be capable of mowing. President Reed stated we have an obligation to keep the area contained, Mr. Reed asked Bob to get Dean Knight involved to see what can be done.
MAYOR’S REPORT: Mayor Kelly had no report.
OLD BUSINESS: There was no old business.
NEW BUSINESS:
Ordinance # 38-2005 (Emergency) - To approve a bid evaluation policy for the City of Waverly, OH, requiring each competitively bid contract it awards to be awarded to the lowest responsive and responsible bidder in accordance with Section 9.312 of the Ohio Revised Code. Councilman Kemper read Ordinance # 38-2005 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye.
Discussion: Councilman Blakeman asked what the difference is from the old Ordinance. President Reed stated before we were bound to the lowest bidder, this gives us an option to have the engineer and his staff to look at the contacts and choose a contractor who is capable & responsible. Mr. Reed mentioned we learned a valuable lesson with Green Acres.
Mr. Davis stated this language has always been included in the states statute and this allows us to award the bid to the responsible and responsive bidder while still considering the lowest bid. This is an administrative move to make certain all our bases are covered.
Councilman Kempton asked once he contractor has been deemed responsible does Council have the final say regarding the award of the bid. Mr. Davis stated Council will have to approve by Resolution the contract & contractor awarded.
Councilman Blakeman made a motion, seconded by Councilman Jones to add Resolution # 48-2005 to the agenda. Roll Call: All Aye.
Resolution # 48-2005 (Dispense 2nd & 3rd) - To authorize the designation of the “Pony League” baseball field at Bristol Park as the “Logan Wiseman Memorial Field.” The City of Waverly feels that it would be appropriate to designate the Pony League baseball field as the “Logan Wiseman Memorial Field” in memory of the young man who exhibited such tenacity and strength during times of strife and adversity. The City of Waverly would like to remind all persons who visit the field of these virtues and to instill them in our own lives. Councilman Blakeman read Resolution # 48-2005 in its entirety and made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye.
Discussion: Mayor Kelly stated he knows we are aware of the recent passing of Logan Wiseman, he was a special young man to me and the other youth league coaches. Mr. Kelly asked for Council’s support in naming the Pony League field the “Logan Wiseman Memorial Field”. Mr. Kelly stated he has been in contact with Mills Pride who donated $150,000.00 for the purchase of the fields and the fields were to be named for Mills Pride, they (mills pride) have no objections to naming the field for Logan. The pony league field is the largest field and would have been the field Logan would have played on this year. Mr. Kelly mentioned Logan’s parents Steve & Darla are here tonight.
Bid opening St. Rt. 335 Waterline extension:
Loren Purdom from APX Consulting opened the eight bids received and the results where as follows:
1. Foil Inc. – Waverly, OH - $119,200.00
2. Distell Construction – Portsmouth, OH - $141,862.85
3. Chris Dean Builders – Waverly, OH - $169,656.04
4. GWCB Contractors – West Union, OH - $133,647.90
5. Cooper’s Excavating – Winchester, OH - $119,929.25
6. Southern Ohio Trenching – Ironton, OH - $159,882.98
7. Howard Contracting – McDermott, OH - $166,847.00
8. Boone Coleman – West Portsmouth, OH - $175,212.90
The apparent low bidder is Foil Inc. with a bid of $119,200.00 the bids will be turned over to the Engineer’s Dept. for review.
Councilman Kemper made a motion, seconded by Councilman Downey to accept the bids for the St. Rt. 335 Waterline extension. Roll Call: All Aye.
Ordinance # 39-2005 (Dispense 2nd & 3rd) – To approve by-laws for the Waverly Municipal Planning Commission. Councilman Jones read Ordinance # 39-2005 in its entirety and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Aye.
Resolution # 43-2005 (Emergency) – To amend the amended budget and appropriations for 2005 – Water Fund Increase due to award of FEMA grant.
Councilman Blakeman read Resolution # 43-2005 in its entirety and made a motion, seconded by Councilman Kempton to approve it as an emergency. Roll Call: All Aye.
Resolution # 44-2005 (Emergency) – To authorize the Auditor to transfer $22,000.00 from the General Fund to the Fire Fund. Councilman Kemper read Resolution # 44-2005 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye.
Auditor Whaley stated this completes the transfers for the year to the Fire Fund.
Resolution # 45-2005 (Emergency) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Police Fund. Councilman Kempton read Resolution # 45-2005 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye.
Resolution # 46-2005 (Dispense 2nd & 3rd) – To authorize the Mayor and Auditor to borrow $22,000.00 from the First National Bank. (City share St. Rt. 335 Waterline Ext.) Councilman Downey read Resolution # 46-2005 in its entirety and Councilman Kemper made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye.
Discussion: Councilman Downey asked if we have to borrow this money. Mayor Kelly stated the money is not in the budget. Mr. Davis stated they wanted to spread the money over a period of time.
Presentation by Nathan Davis concerning “Proposed City of Waverly/Randall L. Roe land trade.”
Mr. Davis made a presentation stressing the facts of the proposed land trade.
The project is estimated at 8.2 million with 5 million already acquired from a combination of federal and state funds. The remaining 3.2 million is pending approval in the fiscal year 2006 Federal Hwy. appropriations bill. The Ameri Host Hotel was placed as requested by the Cities Engineer and Planning Commission to co-exist with the South Connector Road. Dakota’s requires a certain amount of parking before a franchise can locate to an area. Mr. Roe does not have enough.
Why does it need to be done now when we can enforce eminent domain later? If we do not approve the land trade Mr. Roe will simply develop, save money and share the parking lot with the hotel to get enough parking spaces for Dakota’s. Once that happens in short you will end up having to buy Dakota’s to be able to complete the South Connector project.
Mayor Kelly asked if Dakota’s is coming regardless and Mr. Roe stated yes it is.
Councilman Jones mentioned that he had no further questions and felt the City should approve the transaction.
Councilman Blakeman stated his questions have been addressed quite thoroughly.
Councilman Downey stated he has never been in favor of the project. The City has to come up with a considerable match yet he won’t block the project he will vote for the land swap. Mr. Downey stated he is uncertain about the rest of the road.
Councilman Kemper had no questions.
Councilman Kempton stated he had questioned the timing and that question has been addressed. Mr. Kempton asked if ODOT has issued an ID number. Mr. Gausman said they have a PID. Councilman Kempton asked if we are following the Federal Guidelines. Mr. Davis stated at one point when using Federal money you could not swap land and those guidelines have changed and the information is no longer valid according to Mr. Todd Long with ODOT Dist. 9.
President Reed stated the Commissioners have not been willing to work with us on expanding the City and with no options to grow this is a great opportunity to develop 300 acres that is already within the corporation limits. We can back out of this at anytime.
Councilman Kemper made a motion, seconded by Councilman Jones to add Ordinance # 40-2005 to the agenda. Roll Call: All Aye.
Councilman Downey made a motion, seconded by Councilman Kemper to add Ordinance # 41-2005 to the agenda. Roll Call: All Aye.
Councilman Downey made a motion, seconded by Councilman Kemper to add Ordinance # 42-2005 to the agenda. Roll Call: All Aye.
Ordinance # 47-2005 (Emergency) - The City of Waverly finds that the prohibited alcohol level of the current driving under the influence ordinance is different than the prohibited alcohol level as stated by the Ohio Revised Code; therefore, in order to reflect the current Ohio statute, the City of Waverly intends to adopt the provisions of O.R.C. 4511.19, et seq. in order to promote and maintain the public safety and well-being of the residents of the City of Waverly. Councilman Jones read Ordinance # 47-2005 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye.
Councilman Kemper made a motion, seconded by Councilman Jones to allow the City Buildings to be used as poling locations on June 14, 2005. Roll Call: All Aye. Downey-absent
President Reed stated there will be a hearing on June 23, 2005 at 1pm for the Liquor permit for Bad Barracudas.
Ordinance # 40-2005 (Emergency) - VACATING 0.2849 ACRES OF PERMANENT RIGHT OF WAY IN ASSOCIATION WITH “EMMITT AVENUE (US 23)”, IN WAVERLY, OHIO. Councilman Jones read Ordinance # 40-2005 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye.
Ordinance # 41-2005 (Emergency) - APPROVING A DESCRIPTION, PLAT AND QUIT CLAIM DEED GRANTING 0.2849 ACRES TO RANDALL L. ROE, IN EXCHANGE FOR 0.4992 ACRES FOR THE PURPOSE OF DESIGNING, CONSTRUCTING AND MAINTAINTING A PORTION OF THE PLANNED ROADWAY PRESENTLY REFERRED TO AS: “THE WAVERLY SOUTH CONNECTOR”, IN WAVERLY, OHIO. Councilman Kemper read Ordinance # 41-2005 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye.
Ordinance # 42-2005 (Emergency) - APPROVING A DESCRIPTION, PLAT AND QUIT CLAIM DEED DEDICATING 0.4992 ACRES TO THE CITY OF WAVERLY, OH, FOR THE PURPOSES OF DESIGNING, CONSTRUCTING AND MAINTAINTING A PORTION OF THE PLANNED ROADWAY PRESENTLY REFERRED TO AS: “THE WAVERLY SOUTH CONNECTOR”, IN WAVERLY, OHIO. Councilman Downey read Ordinance # 42-2005 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 Whaley stated he would like to meet with Mayor Kelly sometime next week to go over some things.
Councilman Downey made a motion, seconded by Councilman Kemper to pay the bills. Roll Call: All Aye.
Councilman Blakeman made a motion, seconded by Councilman Kemper to adjourn. Roll Call: All Aye.
PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Lynn Downey, Roger Kemper and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley were excused.
The meeting was opened at 7:00 pm with City Engineer Bob Gausman 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 June 7, 2005 regular meeting. Roll Call: All Aye.
COMMUNICATIONS AND COMMITTEE REPORTS:
Finance Committee: Councilman Downey had no report.
Personnel Committee: Councilman Kemper had no report.
Street Committee: Councilman Kempton asked the clerk to check about the Ordinances that were requested from Marie Moraleja for signage changes.
Mr. Kempton asked the status or start date for the work on 220. Mr. Kempton mentioned the last they were told was; when school was out they would start the work. Bob Gausman stated the actual construction is delayed yet, they are considering some form of construction for a drainage problem in a pipe at Grandview Ave. Mr. Gausman stated if they take care of the drainage problem now construction will go much quicker. Councilman Kempton asked if this side of 220 was still priority. Mr. Gausman stated it is still priority. Councilman Blakeman asked why the 220 road construction is on hold, when it was considered an emergency because of the new school. Mr. Gausman stated the project is not on hold it is just taking longer than they anticipated and Mr. Francis is in the middle of the ROW negotiations.
Zoning Committee: Councilman Jones reported he, Mayor Kelly, Engineer Bob Gausman and Euggle Roberts from Bristol Village had a meeting concerning parking at the new ball park, particularly at Robin Rd. and 7th Street. Mr. Jones mentioned a year ago a meeting was held and concerns about parking were addressed and Council decided the situation was questionable and we would wait and see how parking was once the ball season started. In February another meeting was held and the recommendation was to have no parking or residential parking only and Council rejected the recommendation. Mr. Jones stated now there is proof of the parking problem.
Councilman Jones made a motion, seconded by Councilman Kemper to add Ordinance # 50-2005 to the agenda. Roll Call: All Aye. Blakeman: Nay.
Recreation Committee: Councilman Blakeman had no report.
Public Service Committee: Councilwoman Thompson had no report.
MAYOR’S REPORT: Mayor Kelly was excused.
AUDIENCE PARTICIPATION: DJ Owens was in the audience to voice his concerns about motorized scooters. Mr. Owens stated he was nearly in an accident on Franklin Ave. with an underage young man on a scooter with no lights at 10:30 pm. Mr. Owens mentioned he has spoke with Officer Newman and he said there is no law against the scooters. Mr. Owens mentioned the children are not behaving badly they are just being children. This is a safety issue someone may get hurt. Mr. Owens stated the skate boarders are at risk for injury also. Mr. Owens asked Council to consider some type of Ordinance to address the safety issue. Mr. Owens stated he is not complaining about our law enforcement, he appreciates the good people on the force.
Councilman Downey asked what kind of wording he suggests for the Ordinance.
President Reed stated there is a problem and its not just scooters it is also skate boards. Mr. Reed mentioned he is not sure what degree we need to address this issue. Mr. Owens stated he feels not operating after dark without lights and something governing the age of those riding them, could be possible wording. Mr. Owens stated he didn’t know where the line needed to be drawn. President Reed stated he doesn’t want to see children hurt; we need to look at the best interest for those who don’t make the greatest decisions. President Reed placed the issue in the Street Committee for investigation and suggestions.
OLD BUSINESS: There was no old business.
NEW BUSINESS:
Ordinance # 49-2005 (Dispense 2nd & 3rd) - To accept the bid submitted by Foil Inc. for the State Route 335 Waterline Project on June 7, 2005 as the lowest responsive and responsible bid; and to authorize the Mayor and Auditor to enter into contract with Foil Inc., according to the general conditions, and Construction/Material Specifications outlined in:
Councilman Downey read Ordinance # 49-2005 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye.
Discussion: Councilman Kempton questioned the wording in the Ordinance concerning the amount of a change order.
Nathan Davis stated this project was bid as a unit price not a lump sum which we have done in the past. Mr. Davis mentioned the change orders can’t exceed 10% of the original contract amount.
Ordinance # 50-2005 (Emergency) – To promote and maintain the public safety, well being and convenience of the residents of the City of Waverly by regulating the parking of vehicles on City streets.
Councilman Jones read Ordinance # 50-2005 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Blakeman: Nay
Discussion: Councilman Blakeman stated all City streets are for parking. What is the difference in Bristol Village Streets and Morningside Drive during football games? President Reed stated he didn’t feel it is a problem to mark the area because we created the problem. Mr. Reed mentioned the parking at the park needs to be addressed.
Councilman Kempton stated the original hope was to place a gate to help with the parking issue. Mr. Kempton questioned the legality of placing signs that state residential parking only. Mr. Kempton stated if he was hired to paint someone’s house on that street and parked on the street, legally he could be ticketed for parking on the street, because he is not a resident. Councilman Kempton stated his preference would be different wording and putting the signs up without an Ordinance to discourage the parking rather than making the law.
Euggle Roberts stated Bristol Village is a popular place for people to walk babies and ride bikes. The population in Bristol Village is different and most residents have down sized to one car and as we age are peripheral vision changes so backing out is sometimes an issue and with cars parked along the streets it becomes a safety issue.
Councilman Downey asked if the problem was cars parked on the streets or people walking across private property to get to the fields. Bob Gausman stated he didn’t think anyone was trespassing and he feels Bristol Village is asking for minimal amount of signage.
Councilman Blakeman stated he feels we are opening a can of worms. Mr. Blakeman mentioned if we do this for one we have to do it for all. Councilwoman Thompson asked if this was a seasonal problem. Bob Gausman stated this is only during ball season and doesn’t see why we couldn’t do this for a year and revisit the issue. Council decided to approve the Ordinance to read for a period of 2 years.
AUDITOR’S REPORT: Auditor Harvey Whaley was excused.
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 Kempton to adjourn. Roll Call: All Aye.