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OAK HARBOR COUNCIL — June 18

Mayor Conley called the regular meeting of Council to order at 7:00 P.M. with the Pledge of Allegiance. Roll call was requested with the following members present: Don Douglas, Bill Eberle, Jon Fickert, Angela Petersen, Jim Seaman and Donna Wendt-Elliott.

Minutes of the June 4, 2012 meeting stand approved as written.



Privileges of the Floor: Tom Stalter of Poggemeyer Design Group reviewed the recent notice of award from Water Supply Revolving Loan Account for the three applications that were submitted. They are the tank mixing systems east and west and the elevated tank replacement. The tank mixing systems will turn water in the clearwell and at Lakewinds elevated tank to meet EPA mandates. PDG has provided information on solar powered mixers that could save energy costs. The EPA is offering loan money for twenty years at 2 percent interest. Stalter recommends looking into alternate funding options for the elevated storage tank replacement as it is such a costly project. Council will need to determine if they want to proceed with any of these projects. If nothing is done this year Stalter recommends nominating the projects again next year.
Pauley informed council that the village will need to borrow supplemental funding for repairs at the CSO basin. We originally borrowed $600,000 from OWDA on behalf of PDG and they are making structured payments on that but now that we have the updated costs for Kelly & Sons for construction costs and EDP for technical services. We need to borrow $209,785 for repairs and $95,000 to pay ourselves back for geotech design and inspections for a total of $304,785. When the project was discussed last year council understood that we may need to do supplemental borrowing. The application needs to be in by July 15th for an award the first part of August.  PDG will do the borrowing application for us.  Seaman asked if there was potential to borrow again in a few months to finish the project and Pauley said no as the project must be completed and ready to go by October 1st. EPA is willing to give us this extension. The contractor is now running five days a week and has added an additional man to the crew. Mayor Conley stated he was disappointed as the original estimate was about $600,000 and 10 percent is the usual overrun.  Pauley responded that the original estimate was $664,000 and this was an emergency repair project based on the data we had at the time. We did not see how bad it was until we started to make the cuts. We will need legislation for the July 2  council meeting.  Fickert asked what percentage of the additional costs Poggemeyer was assuming.  Pauley said that Poggemeyer stepped up to the plate and we borrowed the $600,000 on their behalf and they are repaying that. When we went into mediation they kicked in another $10,000.  Fickert again asked what portion of the $304,785 Poggemeyer would be picking up.  Stalter answered nothing. They found that they are the least culpable of anybody involved. There was a clearly poor soil put in place. In addition to the $610,000 they have over $200,000 of time they have lost and they are still doing things for the village, applications and inspectors.  Fickert is not happy with the additional cost the village will have to absorb and the length of time it is taking to complete the repairs. Solicitor Barney will have legislation for the borrowing for the next meeting.

Mayor’s Report: Mayor Conley read a proclamation proclaiming June 20 as Breast Cancer Survivor Day. A letter was read from Time Warner Cable with new contact information. Notes from the downtown revitalization meeting that was held on June 12 were distributed and the next meeting is June 26. Seventy-one resumes were received for the Fiscal Officer position. Those applicants chosen for an interview will be notified as to when they should appear on July 16. The Farmer’s Markets will be held the fourth Saturday of the month from June through October at Flat Iron Park. The one this weekend includes a 5K run. 

Police Report – Chief Weirich reported that he was meeting on Tuesday about the 5K run. They want to shut down Main Street from the 105-Benton Street traffic light to Toussaint Street for about an hour. This could cause problems with the Farmer’s Market. If for some reason they can’t work out an alternative route he asked if Council had an objection to the closing and they did not.

Fiscal Officer’s Report – At the last meeting there was discussion on increasing Council pay to whatever the minimum is to get a full month’s credit at OPERS. At that time Ms. Busche said she thought the proposed amount was in excess of $500. She verified the amount and it is $1000 earnings per month to get credit for the full month. It has been passed by the Senate and it is anticipated that the House will pass it before the end of the year.

Douglas asked if this was the appropriate time for discussion on Ordinance No. 06-2012 and was advised by Mayor Conley there would be time for discussion after the first reading of the ordinance.

Income Tax Report – The monthly report for May had been distributed.

Village Administrator’s Report – Pauley reported there was a surprise inspection by OEPA last week and the Village is addressing the comments. Resolution 08-2012 on tonight’s agenda will allow Chief Weirich to apply for an 80 percent grant with the Solid Waste District for a drug take back program. The police budget does have the funds for the 20% match. The tax sale of the properties at 733 and 521 N. Locust Streets will be on Aug. 3, 2012, at 10:30 am. Property maintenance complaints continue for high grass at walk-away properties. The Water Operator position in the Department of Public Works was filled internally by promoting Nick Priesman.  Pauley will be on vacation from July 12-20.  Wendt-Elliott commented that the crew that worked on the Park Street water break did a good job.

Solicitor’s Report: Solicitor Barney will be out of town July 1-7.  Kocher will attend the July 2 meeting.

Business of the Meeting

First Reading of Ordinances and Resolutions:

Ordinance No. 06-2012, an ordinance to set salaries and compensation for officers and employees of the Village of Oak Harbor, Ohio and declaring an emergency was read for the first time.  Douglas stated that Council needs to act on the cost-of-living allowance before acting on this ordinance because there were certain assumptions made in the ordinance in regard to this. He passed out information to Council on a flat increase amount versus the percentage. The increase this year would be for half a year but we need to look at the impact each year forward. He was surprised that a flat $.50 is not much different than the proposed 3 percent.  Eberle likes the flat dollar amount. The percentage exacerbates the problem with the low end and high end. He would like to go with $.35 per hour.  Petersen, Seaman and Wendt-Elliott are in favor of 3 percent and Fickert was in favor of a flat amount.  Douglas added it is hoped the step increases will alleviate that problem. The question is what we do for this year.  Fickert stated the employees deserve a raise and he is in favor of a $ .50 raise which helps those people who earn $10 an hour. They need it more.  Petersen moved, seconded by Seaman, to grant a 3 percent raise across the board effective with the first pay period of June 2012. Fickert pointed out that in the group’s finding they said a percent raise exacerbates the problem and a person involved in the recommending is now giving other information. The committee was formed to alleviate the problem but this will not do that. It needs to be a dollar amount and he recommends $0.50.  Petersen pointed out that the committee recommended 3%.  Douglas added that it was a tradeoff because half of it was given away by putting it effective at midpoint instead of the beginning of the year. Ms. Busche added that was one of the things taken into consideration when the 3 percent was discussed. The other is that the step program is supposed to alleviate that problem over a period of time and not the cost of living raises. The problem did not occur overnight and it is not expected to be corrected overnight.  Fickert asked if this was for all employees and the answer was the motion is for across the board.  Fickert stated in the Administrators case Council goes into executive session and he negotiates a contract. When he negotiates the next time will the other employees be able to be on those negotiations too. He then gets the benefit of both negotiations. Ms. Busche responded that his contract reads that he gets any raises based on what everybody else gets. He has no raises built into his contract nor does the Fiscal Officer’s contract.  Roll call was requested on Petersen’s motion to grant a 3% raise across the board effective with the first pay period of June 2012. On roll call vote Douglas voted yes, Eberle voted no, Fickert voted no, Petersen voted yes, Seaman voted yes and Wendt-Elliott voted yes. The 3 percent raise was granted by a vote of 4 yes and 2 no.  Douglas moved, seconded by Petersen, to waive the three required readings for Ordinance No. 06-2012. On roll call vote Douglas voted yes, Eberle voted yes, Fickert voted yes, Petersen voted yes, Seaman voted yes and Wendt-Elliott voted yes.  Petersen moved, seconded by Seaman, to adopt Ordinance No. 06-2012 as an emergency. At this time Fickert provided Council with salary information from the surrounding area for the positions of Mayor and Council. He wanted to include an increase to $5,000 for future Mayors and $3,000 future Council members in this ordinance. Solicitor Barney said it would be cleaner to do separate legislation.  Douglas added the range in the ordinance is sufficient to accommodate this we just need the legislation to set the compensation. On the motion to adopt Ordinance No. 06-2012 the roll call vote was requested.  Douglas voted yes, Eberle voted yes, Fickert voted yes, Petersen voted yes, Seaman voted yes and Wendt-Elliott voted yes. Ordinance No. 06-2012 was adopted as an emergency and will be published in summary two times in the Ottawa County Exponent. Solicitor Barney will do the necessary ordinance to raise Mayor and Council salaries.  Petersen asked for a copy of the information Fickert provided.

Ordinance No. 07-2012, an ordinance authorizing declarations of official intent under U.S. Treasure Regulations with respect to reimbursements from note and bond proceeds of temporary advances made for payments prior to issuance, and related matters was read for the first time.

Resolution No. 07-2012, a resolution authorizing the Village Administrator to prepare and submit an application to participate in the Ohio Public Works Commission to obtain funding for the Second Mile of the State Route 163 Water Line Replacement Project and to execute contracts as required was read for the first time.

Resolution No. 08-2012, a resolution in support of applying for grant funding from the Ottawa Sandusky Seneca Joint Solid Waste District for Round 3 fiscal year 2012 and declaring an emergency was read for the first time.  Eberle moved, seconded by Douglas, to waive the three required readings. On roll call vote Douglas voted yes, Eberle voted yes, Fickert voted yes, Petersen voted yes, Seaman voted yes and Wendt-Elliott voted yes.  Eberle moved, seconded by Douglas, to adopt Resolution No. 08-2012 as an emergency. On roll call vote Douglas voted yes, Eberle vote yes, Fickert voted yes, Petersen voted yes, Seaman voted yes and Wendt-Elliott voted yes. Resolution No. 08-2012 was adopted as an emergency and will be published in summary two times in the Ottawa County Exponent.

Mayor Conley started the work session at 8:10.

WORK SESSION

Council Committee Reports:

Safety Committee:  Petersen had no report. Eberle asked if a note could be put on the utility bills about trash pick-up and when it is to be put out and Pauley said they would.

Street Committee – Eberle had no report.

Utilities Committee – Fickert reviewed the proposed water adjustment ordinance. This will give the Village flexibility to do something when a problem is discovered which causes significant increase in water usage and the problem was not caused by negligence. The Village would not lose any money on this. This will be placed on the July 2nd agenda.  Pauley asked about changing the Adjustment Committee from members of the Property Maintenance Committee to members of the Utility Committee. Solicitor Barney said the reason he did that is because this being a small town it is difficult finding someone who is not related to the issue and we have already addressed that through the Property Maintenance Committee.

Fickert stated that Solicitor Barney previously suggested having a review done of the utility ordinances.  Fickert moved, seconded by Douglas, to authorize the Village Administrator to contract for a review of the utility ordinances. There was discussion on the estimated cost and Fickert rescinded his motion and Douglas rescinded his second.  Fickert moved, seconded by Douglas, to authorize the Village Administrator to contract for a review of the utility ordinances not to exceed $5,000. On roll call vote Douglas voted yes, Eberle voted yes, Fickert voted yes, Petersen voted yes, Seaman voted yes and Wendt-Elliott voted yes.

Other Business – None

Petersen moved, seconded by Eberle, to adjourn. With all members of Council present answering in the affirmative, meeting adjourned 8:20 p.m.

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