WAVERLY CITY COUNCIL
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JANUARY 3, 2006 PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, Roger Kemper and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. The meeting was opened at 7:00 pm with Auditor Harvey Whaley leading Council and guests in the pledge of allegiance to the flag. Councilman Kemper nominated Councilman Dale Reed to be appointed Council President for 2006 and seconded by Councilwoman Thompson. Councilman Blakeman nominated Councilman Greg Kempton to be appointed Council President for 2006 and seconded by Councilman Claytor. Councilman Kemper made a motion, seconded by Councilman Blakeman to close nominations. Roll Call: All Aye. Councilman Kempton stated he would serve if elected to be President of Council and would be willing to serve as Mayor in the coming months if the seat becomes vacant. Councilman Kemper made a motion, seconded by Councilwoman Thompson to appoint Councilman Dale Reed as President of Council. Roll Call: All Aye. Blakeman, Claytor, Kempton, Nay and Jones: Abstain Councilman Blakeman made a motion, seconded by Councilman Claytor to appoint Councilman Greg Kempton as President of Council. Roll Call: All Aye. Kemper, Thompson and Reed: Nay, Jones: Abstain. Councilwoman Thompson made a motion, seconded by Councilman Kemper to go into executive session concerning Council President appointment. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilwoman Thompson to appoint Councilman Dale Reed as President of Council. Roll Call: All Aye. Kempton, Blakeman: Nay Councilman Blakeman made a motion, seconded by Councilman Kempton to appoint Councilman Greg Kempton as President of Council. Roll Call: All Aye. Jones, Thompson, Claytor, Kemper, Reed: Nay MINUTES: Councilman Kemper made a motion, seconded by Councilman Jones to approve the minutes of the December 20, 2005 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: President Reed announced Councilman Blakeman would no longer be working after February 1st due to his retirement. Finance Committee: Mayor Kelly stated the city’s year end receipts showed an increase, which is good. Mr. Kelly mentioned the preliminary thoughts are that our 2006 receipts will not be as good, we will have to be cautious and conservative and Dept. heads will have to tighten their belts. Personnel Committee: Councilman Kemper thanked everyone who worked on the problems at 5th & Hillside. Mayor Kelly stated the Vac Con machine was used on the drainage problem and they are planning on going back. Mr. Kelly mentioned the drainage problem is very big in that area. Street Supt. Dean Knight stated there is a couple of options to fix the problem one is a dry well and the best option being a storm drain. The vague cost estimate for a storm drain is $300,000.00 - $500,000.00. Mayor Kelly stated Council may have to consider setting aside matching funds if there is any possible money out there for this kind of project. Mr. Kelly mentioned Nathan is going to look into the possibility. Mayor Kelly stated we may need to put in a new well as a Band-Aid to get us by until we can make a permanent fix. Street Committee: Councilman Kempton had no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman reported the Recreation Committee met with the Parks & Recreation Director Woody Schaeffer concerning the application for the Nature Works Grant. The committee and Mr. Schaeffer decided to apply for the grant to help fund a skate board park and possibly get some new equipment for the parks. Councilman Kempton stated there are other needs such as heat in the bathrooms. President Reed questioned the insurance cost. Councilman Blakeman stated the estimate is $500.00 - $2500.00 and the cost will be determined by the height of the ramps. Councilman Kempton stated we will have to make sure the policy is age appropriate. Councilman Blakeman made a motion, seconded by Councilman Kempton to pursue reimbursement from a Nature Works grant for the construction of a skate board facility, children’s playground equipment and heaters for park bathrooms. Roll Call: All Aye. Public Service Committee: Councilwoman Thompson had no report. Councilwoman Thompson made a motion, seconded by Councilman Kemper to hire Heather Dunseith as a full time dispatcher at a starting rate of $ 9.17 per hour. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Blakeman to hire Ashley Johnson as a full time dispatcher at a starting rate of 9.17 per hour. Roll Call: All Aye. MAYOR’S REPORT: Mayor Kelly reported had no report. OLD BUSINESS: Resolution # 85-2005 (3rd Reading) – To assist the movement of traffic and provide for the safety of vehicle users. (Stop sign Market & 3rd St.) Councilman Kemper made a motion, seconded by Councilwoman Thompson to read Resolution # 85-2005 by title only. Roll Call: All Aye. Councilman Kemper read Resolution # 85-2005 by title only for the 3rd reading and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye. Kempton, Blakeman, Claytor: Nay. Jones: Abstain. Discussion: Councilman Blakeman asked if there is any record of accidents at the intersection. Mr. Blakeman mentioned he has lived in Waverly all of his life and doesn’t remember any accidents at that intersection. Chief Roe stated if you would come and sit in his office and listen, you would hear and see all of the times the tires are locked up. Mr. Roe stated someone is going to be killed. Mayor Kelly asked if there may be a problem with emergency vehicles getting out if traffic would happen to be backed up. Councilman Kempton asked if there may be a problem with people seeing the new sign. Mayor Kelly stated if the people in charge of safety and security feel it is necessary he will sign the Resolution. Chief Armbruster stated the problem has been brought to Council’s attention and if it doesn’t pass and someone is killed it is not on his and Chief Roe shoulders. NEW BUSINESS: There was no new business. President Reed stated during the next meeting the new committee assignments will be given and some renaming. Mr. Reed asked if anyone has a specific interest he will try to accommodate. AUDITOR’S REPORT: Auditor Whaley reported the General Fund balance for the end of the year was $435,000.00 and at the end of 2004 the balance was $167,745.00. Mr. Whaley mentioned this was a great improvement. Mr. Whaley thanked Council, the Mayor, Supervisors and all the workers for a job well done. Councilwoman Thompson made a motion, seconded by Councilman Blakeman to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye. JANUARY 17, 2006 PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, Roger Kemper and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. The meeting was opened at 7:00 pm with Councilwoman Joyce Thompson leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilwoman Thompson made a motion, seconded by Councilman Jones to approve the minutes of the January 3, 2006 regular meeting. Roll Call: All Aye. FINANCE REPORT: Councilman Kemper made a motion, seconded by Councilman Jones to approve the December 2005 Finance Report. Roll Call: All Aye. President Reed passed out the committee assignments and asked if anyone has any questions or concerns. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper stated he has large shoes to fill. Mr. Kemper mentioned he hopes receipts continue as well as they have in the past. Mayor Kelly asked Lynn Downey to be remembered he has been very sick and recently in the hospital. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton had no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman had no report. Public Services Committee: Councilwoman Thompson made a motion, seconded by Councilman Kempton to hire John Cooper as a volunteer fire fighter. Roll Call: All Aye. AUDIENCE PARTICIPATION: The City of Waverly Planning Commission was present to give their quarterly report. Frank Perry reported they are finalizing the master plan map. Mr. Perry mentioned the relationship with the Waverly City School board is encouraging. Recently the PC and the School board met to discuss the future plans & rezoning of the vacant school property. The school board asks that the property continue to be zoned as is. Representatives from the school board are supposed to attend some of the PC meetings. Mr. Perry mentioned the PC met with the Seif family recently and they have agreed to work with the City on the development of their land. Mr. Jones asked if the School Board has any plans for their land. Mr. Perry stated they mentioned possibly a sports complex but really have nothing in stone at this time, Mr. Perry stated the PC will pass the information on as the information becomes available. MAYOR’S REPORT: Mayor Kelly encouraged Council to consider the Planning Commission plans prior to its completion. Mr. Kelly mentioned it has been super to work with the School Board. Mr. Kelly stated Waverly is ready to grow, the public utilities are ready for growth, places for housing are coming available and we have beautiful school facilities. Mayor Kelly thanked the Seif and Armbruster families for their willingness to work with the City. Mayor Kelly stated one of the cities biggest problems is Clough St. and SR 335. Nathan Davis stated Council is welcome to attend the Planning Commission meetings or check out the minutes on the web site. Mr. Davis mentioned the five components of the Comprehensive plan have to be subject to a public hearing and passed by Ordinance in Council. Mr. Davis mentioned everyone has a different opinion and now is the time to make your opinion known during the drafting stages of the five components. Councilman Kempton asked who to contact if you have questions regarding the minutes. Mr. Davis stated you can email your concerns to someone on the commission or to him. OLD BUSINESS: Councilman Blakeman asked if anyone knows anything about the Truck Route signs. President Reed stated the signs have been given to the City by the State. Dean, Bob and Woody are looking into having the signs placed and we are also waiting on utility approval. NEW BUSINESS: Resolution # 1-2006 (dispense 2nd & 3rd) - To authorize the Mayor and Auditor to apply for grant reimbursement funds from the: Ohio Department of Natural Resources, “Nature Works” Program in budget year 2006; and if awarded to enter into agreement with the Ohio Department of Natural Resources according to the rules and requirements of said program. Councilman Kemper read Resolution # 1- 2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Resolution # 2-2006 (Dispense 2nd & 3rd) – To authorize the Auditor and Mayor to enter into contract for mosquito spraying, with Ohio Pest Control. Councilman Jones read Resolution # 2-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Resolution # 3-2006 (Dispense 2nd & 3rd) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilman Kempton read Resolution # 3-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye. Resolution # 4-2006 (Dispense 2nd & 3rd) – To authorize the Auditor to transfer $4499.86 from the General Fund to the Green Acres Fund. Councilman Blakeman read Resolution # 4-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye. Resolution # 5-2006 (Dispense 2nd & 3rd) – To authorize the Auditor to transfer $1322.06 from the General Fund to the Depot Road Fund. Councilwoman Thompson read Resolution # 5-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Resolution # 6-2006 (Dispense 2nd & 3rd) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Bridge & Street Fund. Councilman Claytor read Resolution # 6-2006 in its entirety and made a motion, seconded by Councilman Kempton to approve it. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Whaley stated he is glad the committee’s are together and he would like to schedule a finance committee meeting in the near future. Councilman Kemper made a motion, seconded by Councilman Claytor to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Thompson to adjourn. Roll Call: All Aye. FEBRUARY 7, 2006 PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, Roger Kemper and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. The meeting was opened at 7:00 pm with Randy Armbruster 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 January 17, 2006 regular meeting. Roll Call: All Aye. FINANCE REPORT: Councilman Kemper made a motion, seconded by Councilwoman Thompson to approve the January 2006 Finance Report. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the Finance committee met with Harvey and Ellen and felt they received a good summary of where the City is as far as receipts and expenditures are concerned. Mr. Kemper mentioned the committee and the Auditor’s office plan to meet on a monthly basis. January’s ending cash balance was $403,000.00. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton reported prior to Council the committee met concerning the possibility of purchasing a new or used vehicle for the Fire Dept. Mr. Kempton stated there could be a possibility of buying one at state pricing for $21,000-23,000 with a 3 year warranty. Mr. Kempton mentioned the truck that the fire chief drives is a 1997 Tahoe and was purchased 6 years ago with 65,000 miles on it and it currently has 115,000 miles. Mr. Kempton mentioned there are about 500 fire inspections completed a year and Mr. Armbruster feels his Tahoe would be sufficient for the assistant chief to use for this purpose. Mr. Kempton mentioned the 1997 pickup that the assistant drives could be donated to the parks department. Mr. Kempton stated the Fire Chief is going to get pricing and get back with us. 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 reported Mr. Davis has attended a couple of meetings recently concerning the South Connector Project. Mr. Kelly stated at this time it appears as if the City of Waverly will not have to come up with any match money. If the project runs over 5 million we may have some issues to deal with at that time. Todd Long with ODOT feels confident that we are in good shape. Mayor Kelly stated he would like to have an informational workshop at 6 p.m. prior to the next Council meeting on February 21st. Mr. Kelly mentioned Mr. Davis has run across a Transportation Enhancement Grant that can be used to beautify bridges, street lights and bridge lights. The grant is an 80/20 split. Mr. Kelly mentioned he feels confident we would be eligible to receive the money. OLD BUSINESS: There was no old business. NEW BUSINESS: Ordinance # 7-2006 (Dispense 2nd & 3rd) – To authorize the Mayor and Auditor to enter into contract with APX Consulting Group LLC. To provide final engineering services for the City of Waverly West North Street Reconstruction Project Phase ll. Councilman Kemper read Ordinance # 7- 2006 in its entirety and made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye. Resolution # 8-2006 (Dispense 2nd & 3rd) – To authorize the Mayor and Auditor to borrow $32,046.00 from the First National Bank of Waverly, Ohio for the purchase price of a motor vehicle/truck for use by the Street Dept. Councilman Kemper read Resolution # 8-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye. Resolution # 9-2006 (Dispense 2nd & 3rd) – To authorize the Mayor and Auditor to enter into contract to provide fire protection on behalf of the City of Waverly with Jackson Township. Councilwoman Thompson read Resolution # 9-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Liquor Permit El Charro Mexican Steakhouse LLC. President Reed felt Council needed more information regarding what El Charro owners are actually applying for when it comes to their liquor permit. AUDITOR’S REPORT: Auditor Whaley had no report. Councilman Kempton made a motion, seconded by Councilman Claytor to pay the bills. Roll Call: All Aye. President Reed stated Councilman Claytor was approached concerning trash pick up in the City of Waverly. Mr. Claytor was questioned if the responsibility is the property owner or the tenant and if the owner why some provide dumpsters or service and others do not. Mayor Kelly stated he believes it ultimately comes back to the land owner. Councilman Kempton asked if an address is vacant, how that would be handled. President Reed stated we need to speak with Marie and find the Ordinance and agreement with Pike Sanitation. Councilman Blakeman made a motion, seconded by Councilman Claytor to adjourn. Roll Call: All Aye. FEBRUARY 21, 2006 PRESENT: Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, Roger Kemper and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. Council President Reed was excused. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to appoint Councilman Kempton as Acting Council President. Roll Call: All Aye. The meeting was opened at 7:00 pm with Councilman Claytor leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilwoman Thompson made a motion, seconded by Councilman Blakeman to approve the minutes of the February 7, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported after the transfers and payments the General Fund will have a balance of $575,931.00. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton stated he spoke with Chief Armbruster concerning the purchase of a vehicle for the Fire Dept. and the Fire Dept. turning over a pick up truck to the Parks & Recreation Dept. Mr. Kempton stated Chief Armbruster found a 2003 Ford Explorer with low miles and the total cost will be $17,000.00. Councilman Kemper made a motion, seconded by Councilman Claytor to purchase a 03 Ford Explorer from Vallery Ford for $17,000.00 to be paid from the General Fund. Roll Call: All Aye. Zoning Committee: Councilman Jones reported he received a call from a family at 205 Cherry St. concerning their property line. The family wants to put a storage building or garage up and when the property was surveyed the alley and their property line is questionable. The family is requesting that the City vacate the alley. Councilman Jones stated he felt the City should vacate the property and allow the Zoning Director to develop the paperwork. Mayor Kelly recommended that Bob Gausman and Nathan Davis look into the issue and decide the best thing to do and check about the utilities on the property. Councilman Claytor stated he feels the property at the dead end of 4th Street should be opened up for safety reasons. Mayor Kelly stated we can have Mr. Gausman revisit the 4th Street dead end issue and see if there is anything we should do. Councilman Kempton asked if we change this will it be adopted into our zoning map. Mayor Kelly stated it would and there is a lot of paper work to complete before this can happen. Recreation Committee: Councilman Blakeman reported he received a request from Woody Schaeffer to hire two part time people for mowing this Spring & Summer. Councilman Blakeman made a motion, seconded by Councilman Kemper to hire Mikele Reisinger as a part time laborer, 40 hours a week at a rate of $7.43 per hour to begin on March 1, 2006. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Claytor to hire Joshua Lambert as a part time laborer, 40 hours a week at a rate of $7.43 per hour to begin on March 15, 2006. Roll Call: All Aye. Councilman Blakeman stated he has spoke with some of the people from the Senior Citizens on Walnut Street and they have some concerns about there curb and gutter in front of the building, they have had some people have near falls do to the deterioration of the curb. Mayor Kelly stated he will have Dean Knight look into the problem. Public Service Committee: Councilwoman Thompson reported the Truck route signs are in the process of being placed. MAYOR’S REPORT: Mayor Kelly reported months ago the City was approached about putting an antenna on the water tower. The City has been approached again by a company to place an antenna and they are offering a really nice package. Mayor Kelly stated if anyone is interested in having an antenna placed on the tower they need to get in contact with Jim McCourt. Mayor Kelly reminded Council of the 10 year agreement with Pike Sanitation and the need to look into renewal. Mayor Kelly mentioned he has done some research and compared to other communities we have a very good deal in the City. We have a very low cost for a twice a week pickup. Mayor Kelly read a letter from Lynn Downey of Sherwood Forest thanking various local fire departments and Cencom securities for there help with recent fires at his business. OLD BUSINESS: El Charro Liquor permit change. Councilman Claytor made a motion, seconded by Councilman Jones to not request a hearing for a revised Liquor permit for El Charro Restaurant. Roll Call: All Aye. Councilman Claytor made a motion, seconded by Councilman Blakeman to allow El Charro to operate until 2:30 a.m. under a revised Liquor permit. Roll Call: All Aye. NEW BUSINESS: Resolution # 10-2006 (Dispense 2nd & 3rd) - To authorize the Auditor to transfer $50,000.00 from the General Fund to the Bridge & Street Fund. Councilman Kemper read Resolution # 10-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye. Resolution # 11-2006 (Dispense 2nd & 3rd) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Police Fund. Councilwoman Thompson read Resolution # 11-2006 in its entirety and made a motion, seconded by Councilman Claytor to approve it. Roll Call: All Aye. Mayor Kelly mentioned at the next Council he may have a local celebrity Derek Roebak. He recently participated in the Punt, Pass and Kick competition in Indianapolis. Derek placed 2nd in the Country. AUDITOR’S REPORT: Auditor Harvey Whaley stated the Finance Committee will be meeting prior to the next Council. Councilman Kemper made a motion, seconded by Councilwoman Thompson to pay the bills. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Kemper to adjourn to executive session concerning a confidential purchase. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Kemper to adjourn from executive session and regular session. Roll Call: All Aye. MARCH 7, 2006 PRESENT: Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, Roger Kemper and Greg Kempton. Auditor Harvey Whaley. Councilman Reed and Mayor Kelly were excused. Councilman Kemper made a motion, seconded by Councilwoman Thompson to appoint Councilman Kempton 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 Blakeman made a motion, seconded by Councilwoman Thompson to approve the minutes of the February 21, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper thanked the Auditor and staff for the finance committee workshop. Mr. Kemper stated the General Fund had a cash balance of $553,000.00 at the end of February. Mr. Kemper mentioned he received a phone call from residents on Foreman Lane concerning potholes and the need for resurfacing. Mr. Kemper also mentioned a call concerning a street light that is out at 7th Street and Hillside. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton had no report. Zoning Committee: Councilman Jones reported he was following up on the petition for vacation of an alley at 205 Cherry St. Tammy Miller the property owner was present and passed pictures around to give Council a better idea of where the property is and why they are requesting vacation. The Street Committee is to meet with Bob Gausman concerning the issue and check with the School board to see if they have any concerns. The Public Safety committee is also to meet with Bob Gausman to discuss the issue. Recreation Committee: Councilman Blakeman had no report. Public Service Committee: Councilwoman Thompson had no report. Councilwoman Thompson made a motion, seconded by Councilman Kemper to appoint Adam Smith as an Auxiliary Police Officer. Roll Call: All Aye. MAYOR’S REPORT: Mayor Kelly was excused. OLD BUSINESS: There was no old business. NEW BUSINESS: Ordinance # 12-2006 (Dispense 2nd & 3rd) – To adopt the Amended Budget and Appropriations for the year 2006. Councilman Kemper read Ordinance # 12-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Resolution # 13-2006 (Dispense 2nd & 3rd) – To amend Ordinance # 12-2006 the Amended Budget and Appropriations for the year 2006. Councilman Jones read Resolution # 13-2006 in its entirety and made a motion, seconded by Councilman Claytor to approve it. Roll Call: All Aye. Resolution # 14-2006 (Emergency) – To authorize the Auditor to transfer $25,000.00 from the General Fund to the Fire Fund. Councilwoman Thompson read Resolution # 14-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye. Resolution # 15-2006 (Emergency) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Police Fund. Councilman Blakeman read Resolution # 15-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Resolution # 16-2006 (Dispense 2nd & 3rd) – To authorize the Mayor and Auditor to enter into a contract in order to obtain a credit card machine in order to accept credit card payments for Mayor’s Courts fines and/or costs. It is contemplated that said credit card machine shall be obtained from the First National Bank of Waverly, Ohio. Councilman Jones read Resolution # 16-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Resolution # 17-2006 (Dispense 2nd & 3rd) – To authorize the appropriate department (Street Dept.) to change the street signs that read “Reserved Sheriff’s Parking Only” to “Two Hour Parking” signs. The “Reserved Sheriff’s Parking Only” signs are currently located in front of the former Sheriff’s station on Second Street in Waverly, Ohio. Councilman Kemper read Resolution # 17-2006 in its entirety and made a motion, seconded by Councilman Claytor to approve it. Roll Call: All Aye. Wallace Rental Parking Lot Lease: Council discussed the parking lot lease and the request from the owners. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to continue with the Wallace Rental parking lot lease and have the law director make a contract for the lease. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley reported he is pleased with the finance committee meeting, they are working out very well. Mr. Whaley stated he feels it would be beneficial for the other committees to meet and discuss issues. Mr. Whaley mentioned at a previous Council a motion was made to purchase a truck for the Fire Dept. with $17,000.00 from the General Fund. Mr. Whaley asked Council if they were willing to make a motion to allow the Fire Dept. to equip the new truck with light bars and striping. Council chose to make no motion. Auditor Whaley stated in the future when the General Fund is going to pay for something for another fund the other funds budget will be amended to reflect the purchase instead of paying the bill out of the General Fund. Councilwoman Thompson made a motion, seconded by Councilman Kemper to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to adjourn. Roll Call: All Aye. MARCH 21, 2006 PRESENT: Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, Roger Kemper and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. Councilwoman Thompson and Councilman Reed were excused. Councilman Kemper made a motion, seconded by Councilman Blakeman to appoint Councilman Kempton as Acting Council President. Roll Call: All Aye. 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 Jones to approve the minutes of the March 7, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the City is still doing well. Mr. Kemper mentioned we will be paying the Waverly City Schools $122,000.00 and after paying bills and transfers the General Fund balance will be approximately $350,000.00. Councilman Kemper made a motion, seconded by Councilman Claytor to add Resolution # 20-2006 to the agenda. Roll Call: All Aye. Personnel Committee: Councilman Claytor reported he received a letter from John Voorhes at the Sewer Dept. requesting that City Council hire Jared Roe for the open position in his Dept. Councilman Claytor made a motion, seconded by Councilman Jones to hire Jared Roe as Maintenance Level I at the Sewer Plant at a rate of $10.76 to start immediately. Roll Call: All Aye. Public Safety Committee: Councilman Kempton reported Chief Armbruster asked that Council allow the General Fund to pay for striping and lights for the new truck. Councilman Kempton mentioned the cost is $3,000.00. Mayor Kelly mentioned the original estimate for a new truck was much higher then was spent. Councilman Kemper made a motion, seconded by Councilman Jones to allow the Auditor’s to amend the General Fund to the Fire Fund $3,000.00 for striping and lights for the new truck. Roll Call: All Aye. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman had no report. Public Service Committee: Councilwoman Thompson was excused. Councilman Kemper mentioned call he received concerning the run off on St. Ann’s Lane onto Rt. 104. MAYOR’S REPORT: Mayor Kelly made a Proclamation that March is MRDD awareness Month for the City of Waverly. Councilman Kemper thanked everyone for the Proclamation and there support. Mr. Kemper explained the development of MRDD in Waverly and introduced Tony Adams who is an employee and a student at the Advancement Center. Mr. Kemper mentioned Tony is and industrious man and he is very proud of him. Mayor Kelly asked Council to consider the Enhancement Fund discussed in a previous meeting. The rough estimate is $253,000.00 for the enhancement project and the City would have to come up with a 20% match. Mr. Kelly mentioned this is 1 or 2 years down the road and he would like the information presented to the Finance Committee for consideration. Mayor Kelly requested item #4 on the Agenda be tabled until the law director could look into the proposal. Acting President Kempton placed the proposal in the Finance Committee. AUDIENCE PARTICIPATION: *Keith Putnam-Ross County Bldg. Dept. Nathan Davis reported he received a letter from Ross Bldg. Dept. offering there services if the City chooses to adopt the RCO. Keith Putnam explained that the Residential Code of Ohio becomes effective May 27, 2006. This means that any City, County etc. state wide performing any type of residential inspections are required to apply for certification of their residential building department. So the City will no longer be aloud to perform electrical inspections. The City can choose to adopt the RCO or do nothing. Council discussed the cost and how permits would be handled. The issue was placed in the Zoning Committee for consideration and Council asked that it be brought up at the next Planning Commission meeting. Council asked that and Ordinance be drawn up to be read in 3 readings. *Loren Purdom APX Consulting – representing NCR – vacation of Elm St. Mr. Purdom petitioned City Council to vacate a portion of Elm St. Bristol Village would like to add an additional building complex to Bristol Convalescent, enhance parking and make room for additional parking. They will be looking to install curbs, storm sewers, and catch basins. Council discussed the value; of the land that may be given away and the parking needs at Bristol Village. Mayor Kelly stated for those who are concerned about the value, storm drains, curbs and catch basins are a huge expense and Elm Ave. goes nowhere, it would be much more attractive as a drive than a roadway. Acting President Kempton placed the issue in the Zoning Committee for recommendations. *Brett Beven's – Ask Council what a person has to do in order to change the Charter. Mayor Kelly suggested bringing something to Council with a reason for the change and also check with the Board of Election. OLD BUSINESS: Mr. Gausman stated the Street abandonment on 4th St. at Cherry St. is a little premature. Mr. Gausman mentioned if the land would go residential there may be value in 4th St. Mr. Gausman mentioned allowing the family to utilize the land and not act on vacating the Street. Mayor Kelly mentioned the problem with the ROW is not the families fault and as a courtesy we should allow the land to be used by the family. Councilman Jones stated if we just allow them to use the land there is no guarantee that the land won’t be taken away in the future and the family might have a hard time selling it if they ever needed too. Councilman Kempton stated maybe there is a legal way to guarantee and allow the use of the land. NEW BUSINESS: Mayor Kelly asked that Dale Reed and his family be remembered do to the passing of Dale’s mother on Sunday. Councilman Blakeman made a motion, seconded by Councilman Kemper to allow City Buildings to be used as polling locations on May 2nd. Roll Call: All Aye. Ordinance # 18-2006 (Dispense 2nd & 3rd) – To make conduct whereby a person parks a motor vehicle in a restricted area a minor misdemeanor. Councilman Claytor read Ordinance 18-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Aye. Kempton: Nay. Discussion: Council had a discussion concerning the $100.00 fine and the ability to really do anything about violators. Councilman Kempton asked if the violators could just be towed. Chief Roe mentioned the current fine is $5.00 and is not a deterrent for violators but feels $100.00 may make them think twice before parking on the lots. Resolution # 19-2006 (Dispense 2nd & 3rd) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Police Fund. Councilman Kemper read Resolution # 19-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Blakeman to table the Alltel proposal. Roll Call: All Aye. Councilman Kemper asked the Finance Committee to meet at 6:30 p.m. prior to the next Council meeting to discuss the Alltel proposal. Resolution # 20-2006 (1st Reading) – Renewal of the Wallace Rental parking lot lease. Councilman Blakeman read Resolution # 20-2006 in its entirety for the 1st reading. Discussion: Councilman Blakeman mentioned the revenue received from parking meters in nothing compared to what the City pays out in rental fees. Chief Roe stated if we are losing money he sees no reason to continue with the lease. Acting President Kempton asked that the issue be placed in the Finance Committee. AUDITOR’S REPORT: Auditor Whaley was excused. Acting President Kempton stated the State Auditor’s have requested the use of the conference room to work on local township audits. Councilman Kemper made a motion, seconded by Councilman Jones to allow the State Auditor’s to use the conference room for local township audits. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Claytor to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Kemper to adjourn. Roll Call: All Aye. APRIL 4, 2006 PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. Councilman Roger Kemper 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: Councilwoman Thompson made a motion, seconded by Councilman Jones to approve the minutes of the March 21, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper was excused. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton reported he received a call concerning stray cats in the Linden Ave. area. Mr. Kempton mentioned he was unable to find any Ordinances dealing with the control of cats. Mr. Kempton asked about looking into legislation to enforce licensing or removal of stray cats. Mayor Kelly asked the Clerk to check with Chillicothe and Portsmouth to see if they have any legislation concerning stray cats. President Reed placed the issue in the Public Safety committee for review. Zoning Committee: Councilman Jones reported at the last Council meeting Bristol Village requested the vacation of Elm Ave. and at this time Bristol Village has withdrawn there request. Recreation Committee: Councilman Blakeman asked where the City is on the bidding process for West North Street. Mayor Kelly stated all of the easements have been obtained but he isn’t sure of the time table at this point. Councilman Blakeman asked if Nathan Davis could provide Council with a copy of the grants available to the City, so Council can have an idea of what is out there. Mayor Kelly mentioned if Council members would like to stop in Nathan’s office he can provide information concerning grants available. Councilman Blakeman asked why the Law Director was not at Council. Mayor Kelly stated she called and ask if there was anything on the Agenda she needed to be present for and Mr. Kelly told he there wasn’t anything. Councilman Blakeman stated he felt she should be here in case there was something to come up that Council would need her opinion on. Public Service Committee: Councilwoman Thompson made a motion, seconded by Councilman Kempton to add Resolution # 23-2006 to the agenda. Roll Call: All Aye. MAYOR’S REPORT: Mayor Kelly reported the Ordinance for building permits will be presented at the next Council. Mr. Kelly stated Nathan Davis has been out of town and is still working on all of the particulars. Mayor Kelly stated the City Magistrate has taken a job as the Asst. prosecuting attorney and will no longer be able to be the magistrate. Mayor Kelly stated the position of Magistrate was advertised for and one local attorney was interested. The magistrate position requires Mayor’s Court training through the Ohio Municipal League which is only offered one time a year in February and there is only one local attorney that we are aware of who has the training. The magistrate of Piketon is qualified and able fill the position and has agreed to stay in the position until training is available for another attorney or the City decides to keep her at an increased pay rate. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to hire Ruth A. Buckler as the City’s Magistrate at a pay rate of $600.00 per month. Roll Call: All Aye. AUDIENCE PARTICIPATION: Jim Helton – Helton’s Seed & Feed – Mr. Helton asked Council to consider making 15 minute parking on either side of his loading zone. Mr. Helton mentioned the parking is a problem because people park in the spaces and stay all day. Mr. Gausman stated there is a need for off street parking in that area. Mr. Gausman mentioned the building at the end of the bridge owned by Miller’s and Kritzwiser’s and the possibility of off street parking in that area. President Reed placed the issue in the Public Service committee. OLD BUSINESS: Resolution # 20-2006 (2nd Reading) – Renewal of the Wallace Rental parking lot lease. Councilwoman Thompson made a motion, seconded by Councilman Kempton to read Resolution # 20-2006 by title only for the second reading. Roll Call: All Aye. Councilwoman Thompson read Resolution # 20-2006 by title only for the second reading. Discussion: Councilman Blakeman stated it is obvious that we are paying out more than we are receiving for the parking lot. Councilman Kempton asked that the meters be bagged for a couple weeks to determine if the lot is being utilized. Mayor Kelly mentioned the City needs to be consistent either free parking or metered parking. Chief Roe mentioned the cost to man the meters is more than $20,000.00 a year. Council decided to check into a 6 month extension on the lease agreement. NEW BUSINESS: Resolution # 21-2006 (Dispense 2nd & 3rd) – To amend Ordinance # 12-2006 the Amended Budget and Appropriations for the year 2006. Councilman Kempton read Resolution # 21-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye. Ordinance # 22-2006 (Dispense 2nd & 3rd) – To make conduct whereby a person parks a motor vehicle in a restricted area a minor misdemeanor. Etc. Councilman Kempton read Ordinance #22-2006 in its entirety; Councilman Blakeman made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye. Kempton: Nay. Discussion: Jill Kegley was present and explained to Council the problems that they have had at the Crossroads Center and how the Ordinance could be a deterrent. Council discussed the $100.00 fine and how it could be a deterrent. Councilman Kempton questioned selective enforcement. Mayor Kelly mentioned ORC gives the right to tow vehicles. President Reed mentioned the problems he has had at his business and the need for this Ordinance. Resolution # 23-2006 (Emergency) – To authorize the Mayor and Auditor on behalf of the “City of Waverly” to enter into a contract with Cingular. Councilwoman Thompson read Resolution # 23-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: Jones, Blakeman, Thompson: Aye; Claytor, Kempton, Reed: Nay. Discussion: Mayor Kelly stated the contract for this needs checked a little further and another Resolution will be brought back to Council once the contract is checked. AUDITOR’S REPORT: Auditor Harvey Whaley was excused. Councilwoman Thompson made a motion, seconded by Councilman Blakeman to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Kempton to adjourn. Roll Call: All Aye. APRIL 18, 2006 PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, Roger Kemper and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. The meeting was opened at 7:00 pm with Engineer Bob Gausman leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilwoman Thompson made a motion, seconded by Councilman Jones to approve the minutes of the April 4, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the month ending balance is still looking good. Councilman Kemper stated he has received complaints concerning parking in front of 402 E. 2nd St. People from the apts. are parking in front of the home. Councilman Kemper asked if the Public Service Committee could look into the issue. Mr. Kemper mentioned he received a complaint concerning the asphalt chips that were put in the alley near Mr. Downing’s house. Councilman Kemper mentioned the concerns Mr. Lallier ask that Council address has been given to Council and someone will be in touch to set up a meeting with him Mayor Kelly and Chief Roe. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton reported there is nothing knew on the stray cat issue. Mr. Kempton mentioned the scooter concern and stated regulations are in place from the State and the issue is being addressed. The noise ordinance concern is a minor misdemeanor and has to be witnessed by the officer. Mr. Kempton stated Chief Roe is working on legislation for the trash on properties concern. Zoning Committee: Councilman Jones reported he has received an abundance of letters concerning the need of paving on 3rd Street in Bristol Village. Mayor Kelly mentioned he too received the letters and appreciates there concerns. Mayor Kelly encouraged Council to inform his office of any streets in the City that are in need of paving. Mr. Kelly mentioned there will be a meeting on Wednesday to discuss the roads that may be paved this year. Recreation Committee: Councilman Blakeman reported he has received a request from the Parks & Recreation director Woody Schaeffer for permission to look into hiring someone to fill in for one of his workers while they are off due to a back injury during a car accident. Council agreed to allow Mr. Schaeffer to find someone to fill in. Councilman Blakeman stated he would like to see next years grant application is for bathrooms at the new park complex. Mayor Kelly asked Councilman Blakeman to meet with him and Woody to discuss the parks. Councilman Blakeman asked about the time frame for the road to the school. Mayor Kelly stated there is no need to emphasize the work during the summer most of the work to be done will take place off of the roadway. Public Service Committee: Councilwoman Thompson reported the committee met concerning parking issues at Helton’s Seed and after speaking with Dean and Bob really there is no solution. One suggestion was to make short term parking on both side of the street. The ability to enforce the parking was also a concern. Councilman Kempton mentioned the possibility that the loading zones in that area are being used as owner parking. Mayor Kelly suggested a work shop be set up to discuss parking concerns in the City. Mrs. Thompson stated Jim McCourt provided a copy of Cingular’s insurance policy. Mrs. Thompson mentioned the Spring Clean will be held the first two weeks in May. AUDIENCE PARTICIPATION: Brett Bevens presented Council with a letter expressing his feelings on not having to affiliate with a political party to run in a municipal election in the City of Waverly. Mr. Bevens was directed to prepare a petition for the board of elections and get required signatures. Mayor Kelly mentioned there is a lot that needs to be looked at in the charter for possible changes. MAYOR’S REPORT: Mayor Kelly reported Congressman Rob Portman has been promoted to Director of New budget. Mayor Kelly recommended that Council consider renewing the Pike Sanitation contract. Mr. Kelly stated he would have an Ordinance in the near future to renew their contract. OLD BUSINESS: Resolution # 20-2006 (3rd Reading) – Renewal of the Wallace Rental parking lot lease. Councilman Blakeman made a motion, seconded by Councilman Kempton to table Resolution # 20-2006. Roll Call: All Aye. Discussion: Mayor Kelly stated he spoke with the ladies concerning the parking lot lease and they are willing to allow the City to have a 6 month extension at the present cost. Mayor Kelly suggested a work shop be set up to discuss parking as a whole in the City. NEW BUSINESS: Resolution #24-2006 (Dispense 2nd & 3rd) – To authorize the Auditor and Mayor to enter into contract with Valuation Engineers Inc. to provide capitol asset appraisal services. Councilwoman Thompson read Resolution # 24-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it with amendments adding section III & IV. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Kempton to add Resolution # 30-2006 to the agenda. Roll Call: All Aye. Resolution # 25-2006 (Emergency) – To authorize the Auditor to transfer $19,500.00 from the General Fund to the Recreational Complex Fund. Councilman Blakeman read Resolution # 25-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Resolution # 26-2006 (Dispense 2nd & 3rd) – LPA authorization to ODOT for South Connector. Councilman Kemper read Resolution # 26-2006 in its entirety and made a motion, seconded by Councilman Claytor to approve it. Roll Call: All Aye. Resolution # 27-2006 (Dispense 2nd & 3rd) – Authorization to apply for ODOT Enhancement Funds, for the South Connector. Councilman Kempton read Resolution # 27-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye. Discussion: Mayor Kelly stated the estimate for the City share is $50,724.00 and the earliest the funds will need budgeted is 2007 or possibly 2008. Mr. Davis stated there is a line in the Resolution that says the City is responsible for 100% of the architectural and environmental cost and he has been informed that the Federal and State funds already have those cost figured in. Resolution # 28-2006 (Dispense 2nd & 3rd) – To move appropriations between lines within the individual funds in the Budget appropriations. Councilman Kemper read Resolution # 28-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Resolution # 29-2006 (Emergency) – To authorize the Mayor and Auditor on behalf of the City of Waverly to enter into a contract with Cingular. Councilman Jones read Resolution # 29-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye. Resolution # 30-2006 (Dispense 2nd & 3rd) – To move appropriations, between line within the individual funds in the Budge appropriations. Councilman Claytor read Resolution # 30-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley reported the 1st half of property tax has been received and the income tax receipts are on schedule with last years receipts. Mr. Whaley mentioned all of the funds are at a good level and looking good for the end of the month. Councilman Kempton made a motion, seconded by Councilman Claytor to pay the bills. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Claytor to adjourn to executive session concerning a personnel matter. Roll Call: All Aye. Blakeman: Nay. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to adjourn to regular session. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to adjourn from regular session. Roll Call: All Aye. MAY 4, 2006 Councilman Blakeman made a motion, seconded by Councilman Jones to appoint Councilman Claytor as Acting Council President. Roll Call: All Aye. PRESENT: Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor and Greg Kempton. Mayor Bill Kelly and Auditor Harvey Whaley. Councilman Dale Reed and Councilman Roger Kemper were excused. The meeting was opened at 7:00 pm with Councilman Kempton leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilman Jones made a motion, seconded by Councilman Blakeman to approve the minutes of the May 4, 2006 regular meeting. Roll Call: All Aye. FINANCE REPORT: Councilwoman Thompson made a motion, seconded by Councilman Jones to approve the April Finance Report. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper was excused. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton stated the committee met with the Public Services Committee concerning parking. Councilwoman Thompson stated there were several recommendations but, the situation is going to be monitored until they can come up with a solution. Zoning Committee: Councilman Jones reported he has received calls regarding children playing ball in the street. Recreation Committee: Councilman Blakeman reported he had three issues he would like to address. - Councilman Blakeman mentioned he received another call concerning a person falling in front of the Senior Citizens Bldg. Mayor Kelly stated until something is decided concerning the sidewalk assessments he is not going to give any direction on moving forward. - Mr. Blakeman mentioned the silo at the end of South Market and the safety issues. Mayor Kelly stated he would have a follow up letter sent. - Mr. Blakeman asked the status on the old barn on 3rd Street. Mayor Kelly stated he would see if Ross Co. Bldg. can take a look at the barn. Public Service Committee: Councilwoman Thompson reported the cash balance for the end of April looked good. Councilwoman Thompson mentioned she was approached concerning speeding cars on Salisbury and was asked about the possibility of speed bumps. AUDIENCE PARTICIPAITON: Tammy Miller from 205 Cherry St. addressed Council concerning a possible vacation of the Street/Alley that runs 3 ft. into her garage. Council discussed the problem and decided to place it before the Planning Commission and the Engineer to study and get a recommendation. Scott Dailey from the Am. Legion/SAL and Michele Brown from the Emmitt House addressed Council to request approval to go ahead with applying for a liquor license for beer only permit for a summer fun festival to be held in July on Market Street. They mentioned this is to help raise money for charity and will be a full family event, there will be arts & crafts, games, a band and food vendors. Mayor Kelly stated he feels this will be a good thing to revive the interest in the down town area. Mayor Kelly and Councilman Blakeman voiced there concerns on the sale of alcohol. Mayor Kelly mentioned he spoke with the Asst. Police Chief who previously worked for Chillicothe PD and with the different festivals in Chillicothe as long as there are designated areas there are usually not a lot of problems. Councilman Kempton questioned them concerning there event insurance and Mr. Dailey stated they would be obtaining insurance for the festival. Mayor Kelly mentioned the possibility of extending the festival to include the Police and Fire Stations. Councilman Kempton made a motion, seconded by Councilwoman Thompson to grant permission to Scott Dailey & Michele Brown to go forward with planning a festival for the down town area. Roll Call: All Aye. MAYOR’S REPORT: Mayor Kelly reported he has a recommendation for a new vision insurance plan. The plan has a $10 and $20 co pay and will save the City in excess of $3,000.00. The issue was placed in the Finance Committee for review. OLD BUSINESS: There was no old business. NEW BUSINESS: Resolution # 31-2006 (Dispense 2nd & 3rd) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilwoman Thompson read Resolution # 31-2006 in its entirety and made a motion, seconded by Councilman Kempton to approve it. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley thanked Council for transferring the money for the LED lights. Mr. Whaley mentioned all of the departments have a good steady cash flow. The April income tax receipts are higher than last years. Mr. Whaley congratulated Chief Roe on the classy detail of the new cruisers. Councilman Kempton made a motion, seconded by Councilwoman Thompson to allow the purchase of the LED lights from Pathmasters at a cost of $16,336.00. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Kempton to allow US Utilities to install the LED lights at a cost of $13, 650.00. Roll Call: All Aye. Councilwoman Thompson 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. May 16, 2006 PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman and Johnathan Claytor. Cemetery Board Members: Bob Trainer, Sam Rhodes and Dave Dewitt. Councilmen Greg Kempton and Roger Kemper were excused. Mayor Bill Kelly and Auditor Harvey Whaley were excused. The meeting was opened at 7:00 pm with Chief Larry Roe leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilwoman Thompson made a motion, seconded by Councilman Blakeman to approve the minutes of the May 4, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper was excused. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton was excused. Zoning Committee: Councilman Jones stated he has received calls concerning the Silo on Market and the barn on Third and Bridge. Mr. Davis stated letters were received from residents with safety concerns. Councilman Blakeman made a motion, seconded by Councilman Jones to allow a letter to be sent to Ross Co. Building Assoc. concerning the barn on 3rd Street and the Silo on Market Street. Roll Call: All Aye. Recreation Committee: Councilman Blakeman stated he received a letter from Woody Schaeffer, Parks & Recreation Director asking permission to trade the 03 Kubota for a larger 06 Kubota. Councilman Blakeman made a motion, seconded by Councilman Jones to allow Mr. Schaeffer to trade the 03 Kubota for a new 06 Kubota. Roll Call: All Aye. Public Service Committee: Councilwoman Thompson had no report. Councilwoman Thompson made a motion, seconded by Councilman Claytor to hire William Ford III as a part time dispatcher at a rate of $9.16 per hour. Roll Call: All Aye. MAYOR’S REPORT: Mayor Kelly was excused. Nathan Davis mentioned the Planning Commission met last Wednesday and reviewed the issue concerning the Miller property and has recommended that the section of 4th Street not be abandoned. COMBINED CEMETERY BOARD MEETING: Bob Trainer passed around the Evergreen Cemetery finance report for council review. Mr. Trainer asked that the County Auditor be notified concerning the Evergreen Cemetery Levy. Trustee Sam Rhodes nominated Joyce Thompson to remain on the Cemetery Board. Councilwoman Thompson nominated Sam Rhodes to remain on the Cemetery Board. Councilman Blakeman made a motion, seconded by Trustee Dave Dewitt to appoint Sam Rhodes and Joyce Thompson to the Cemetery Board. Roll Call: All Aye. AUDIENCE PARTICIPATION: Danielle Atkins from Victoria Place Apts. addressed Council with several complaints she has received from tenants. Ms. Atkins mentioned the parking around the apts. on St. Anthony’s and St. Ann’s is not good and the grass is being killed. She asked that Council consider placing “No Parking” signs to alleviate the problem. President Reed placed the issue in the Public Safety Committee. OLD BUSINESS: There was no old business. NEW BUSINESS: Resolution # 32-2006 (1st Reading) – To establish the City of Waverly, Ohio Residential Building Department. Councilman Jones read Resolution # 32- 2006 in its entirety for the first reading. Ordinance # 33-2006 (1st Reading) – To authorize a request to the Ohio Board of Building Standards to certify the City of Waverly for the enforcement of the residential code of Ohio with the condition that the Ross County Building Department, Residential Building Department exercise enforcement authority and accept and approve plans and specifications, and make inspections, and authorizing an agreement for such enforcement between the City of Waverly and Ross County. Councilman Blakeman read Ordinance #33-2006 by title only for the first reading. Discussion: President Reed asked if it is possible for the City to have there own board and enforce the code. Mr. Davis answered yes, we can but in his opinion the City doesn’t have the money in the budget to pay salaries for the position and wouldn’t bring in enough in fees to compensate. Mr. Davis mentioned the certification would be very extensive. Resolution # 34-2006 (Dispense 2nd & 3rd) - To enter into a contract with Cross Management Consulting Services, Inc. Councilwoman Thompson read Resolution # 34-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley was excused. Councilwoman Thompson made a motion, seconded by Councilman Jones to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Claytor to adjourn. Roll Call: All Aye. JUNE 6, 2006 PRESENT: President Dale Reed, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, Roger Kemper and Greg Kempton. Auditor Harvey Whaley. Mayor Bill Kelly and Councilwoman Joyce Thompson were excused. 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 Jones to approve the minutes of the May 16, 2006 regular meeting. Roll Call: All Aye. FINANCE REPORT: Councilman Kempton made a motion, seconded by Councilman Claytor to approve the May 2006 Finance Report. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper thanked Auditor Whaley for the Finance Committee meetings. Mr. Kemper reported the income tax receipts are up slightly in comparison to 2005 and the May month end balance was $714,000.00 Mr. Kemper stated he received notice that Chief Roe has an officer leaving and his last day will be June 11th, Chief Roe has recommended that we hire Shawn Fyffe to fill the vacant position. Councilman Kemper made a motion, seconded by Councilman Kempton to hire Shawn Fyffe as a full time police officer at a starting rate of $ 12.28 per hour. Roll Call: All Aye. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton had no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman reported he has received calls concerning cats on the levee. Mr. Blakeman mentioned he thinks the cats in the City have become a problem and something needs to be done about them. President Reed recommended that Councilman Blakeman look into finding a solution for the cat problem. Councilman Blakeman mentioned the properties in the City with high grass. President Reed stated if the Mayor’s office is notified a letter will be sent to the property owner. Mr. Davis asked if he could meet with Chief Roe and Dean Knight to get a proposal together concerning high grass issues and getting the procedure more organized and efficient and then present the proposal to the Public Service Committee. Council agreed to allow Mr. Davis to get the proposal together. Public Service Committee: Councilwoman Thompson was excused. MAYOR’S REPORT: Mayor Kelly reported was excused. AUDIENCE: Gary Albright with Ross Co. Building Assoc. Mr. Albright reported he has looked at the Silo at the end of Market St. and the barn on 3rd St. that Council requested he check. Mr. Albright stated the Silo and barn are in very bad conditioned and he would like to have Council and the City Administrations support in going forward with handling the problem. Councilman Blakeman made a motion, seconded by Councilman Claytor to have Gary Albright work with the City Law Director to have something done with the Silo and Barn. Roll Call: All Aye. OLD BUSINESS: Resolution # 32-2006 (2nd Reading) – To establish the City of Waverly, Ohio Residential Building Department. Councilman Kemper made a motion, seconded by Councilman Kempton to read Resolution # 32-2006 by title only for the 2nd Reading. Roll Call: All Aye. Councilman Jones read Resolution # 32-2006 by title only for the 2nd reading. Ordinance # 33-2006 (2nd Reading) – To authorize a request to the Ohio Board of Building Standards to certify the City of Waverly for the enforcement of the residential code of Ohio with the condition that the Ross County Building Department, Residential Building Department exercise enforcement authority and accept and approve plans and specifications, and make inspections, and authorizing an agreement for such enforcement between the City of Waverly and Ross County. Councilman Kempton made a motion, seconded by Councilman Kemper to read Resolution # 33-2006 by title only for the 2nd Reading. Roll Call: All Aye. Councilman Kemper read Resolution # 33-2006 by title only for the 2nd reading. NEW BUSINESS: Resolution # 35-2006 (Emergency) – To authorize the Mayor & Auditor to advertise for bids for the construction of the “West North Street Reconstruction Phase II” project. Councilman Kempton read Resolution # 35- 2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it as an emergency. Roll Call: All Aye. Resolution # 36-2006 (Emergency) – To authorize the Mayor and/or Auditor along with the Clerk of the Mayor’s Court (O.R.C. 2335.24) on behalf of the “City of Waverly” to enter into a contract with Capitol Recovery, a collection agency, whereby said collection agency would attempt to recover unpaid court costs and/or fines owed to the City of Waverly. All monies derived from this contract shall be placed in the Mayors Court Fund. Councilman Kemper read Resolution # 36-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it as an emergency. Roll Call: All Aye. Resolution # 37-2006 (Dispense 2nd & 3rd) – To authorize the Auditor to transfer $30,000.00 from the General Fund to the Fire Fund. Councilman Blakeman read Resolution # 37-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Aye. Resolution # 38-2006 (Dispense 2nd & 3rd) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Bridge & Street Fund. Councilman Claytor read Resolution # 38-2006 in its entirety and made a motion, seconded by Councilman Kempton to approve it. Roll Call: All Aye. Resolution # 39-2006 (Dispense 2nd & 3rd) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilman Kempton read Resolution # 39-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Aye. Resolution # 40-2006 (Dispense 2nd & 3rd) – To amend Ordinance # 12-2006 the Amended Budget Appropriations for the year 2006. Councilman Kemper read Resolution # 40-2006 in its entirety and made a motion, seconded by Councilman Claytor to approve it. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley reported he is happy with the Finance Committee meetings and mentioned the committee is working on areas in the Wage Ordinance that needs attention. Councilman Kemper made a motion, seconded by Councilman Claytor to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye. JUNE 20, 2006 PRESENT: President Dale Reed, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, 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 Councilman Jones to approve the minutes of the June 6, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the General Fund balance is healthy and prior to transfers, advances and paying the bills the balance is $639,682.54. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Kempton stated the flow of traffic during the Sobriety Check was impressive. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman reported he has looked into some solutions for the cat problem in the City. Mr. Blakeman stated he spoke with someone at the Humane Society and the County Commissioner concerning the Dog warden and both said they only dogs. Mr. Blakeman mentioned he has contacted Rascal Humane Dept. and they are supposed to fax information today. The dept. charges per cat they would relocate. Mr. Blakeman mentioned he has received several calls from people having a hard time finding the new school complex for ball tournaments because there are no signs in town. Public Service Committee: Councilwoman Thompson reported the Public Service Committee, Dean and Nathan met concerning the high grass. There is an Ordinance from 1989 that requires residents to cut their grass at least once a month and in 1992 there was an Ordinance to assess a fine for everyday the grass is left uncut. Mrs. Thompson stated the suggestion for the issue is to make an amendment to give the authority to the City to have the grass cut and set up a fund to pay for the cost. Mr. Davis mentioned that this may not be able to take effect until 2007 because there are no funds set aside to cover the cost. Mayor Kelly stated we shouldn’t wait until 2007. Auditor Whaley stated the City doesn’t have legislation in place to enforce payments to be received. Mr. Whaley mentioned he has been trying for a year to get legal advice on the Green Acres sidewalk money that needs to be recovered. Mrs. Thompson reported a Street Dept. employee lost his personal cell phone in the chipper and it was destroyed. Mrs. Thompson asked Councils opinion on the matter. Councilman Blakeman stated he felt a cell phone was not any different than a person loosing there glasses and the City shouldn’t be responsible for them. Council took no action on the issue. Councilman Kemper made a motion, seconded by Councilwoman Thompson to adjourn to executive session to discuss a personnel matter. Roll Call: All Aye. Blakeman: Nay. MAYORS REPORT: Mayor Kelly stated he was appointed Mayor on August 15, 1994. Mr. Kelly mentioned serving as Mayor has been enjoyable and a heck of a ride. Mr. Kelly stated things come up and he had the opportunity to buy a home and start over and now he will be unable to finish his term as Mayor. Mayor Kelly offered his resignation and asked that it be accepted effective immediately. Mr. Kelly thanked the residents of Waverly for three terms and mentioned he will miss them. Mr. Kelly thanked the Department heads. Mr. Kelly stated once the office of Mayor is vacant the seat goes to the Council President and it is his pleasure to know Dale Reed and he will be a great Mayor. Mr. Kelly stated he would continue to be the City Service Director until he is no longer needed. Councilman Kemper made a motion, seconded by Councilwoman Thompson to accept Mayor Bill Kelly’s resignation effective immediately. Roll Call: All Aye. Reed: Nay. Judge Randy Deering swore in Dale Reed as the Mayor of the City of Waverly. Mayor Reed stated he is honored to become the Mayor for the City. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to nominate and appoint Councilman Kempton as the Council President. Roll Call: All Aye. Kempton: Abstain. AUDIENCE PARTICIPATION: Robert Ison of 109 E. Fifth St. stated he has a problem with his neighbor at 111 E. Fifth St. Mr. Ison mentioned there is trash, junk cars, dogs, high grass, rats etc. Mr. Ison stated this has been a problem for 10-12 years. President Kempton stated maybe the nuisance Ordinance could be wrapped into the high grass Ordinance. Councilman Blakeman mentioned he has received several calls concerning this house. President Kempton asked for a little patience until legislation can be completed by Council. Mr. Ison asked if he should contact the Health Dept. and Council thought that would be a good idea. OLD BUSINESS: Resolution # 32-2006 (3RD Reading) – To establish the City of Waverly, Ohio Residential Building Department. Councilman Kemper made a motion, seconded by Councilwoman Thompson to read Resolution # 32-2006 by title only for the 3rd reading. Roll Call: All Aye. Councilman Claytor read Resolution # 32-2006 by title only for the 3rd reading and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Aye. Blakeman: Nay. Ordinance # 33-2006 (3RD Reading) – To authorize a request to the Ohio Board of Building Standards to certify the City of Waverly for the enforcement of the residential code of Ohio with the condition that the Ross County Building Department, Residential Building Department exercise enforcement authority and accept and approve plans and specifications, and make inspections, and authorizing an agreement for such enforcement between the City of Waverly and Ross County. Councilman Kemper made motion, seconded by Councilman Claytor to read Ordinance # 33-2006 by title only for the 3rd reading. Roll Call: All Aye. Blakeman: Nay. Councilman Kemper read Ordinance # 33-2006 by title only and made a motion, seconded by Councilman Claytor to approve it. Roll Call: All Aye. Blakeman: Nay. Discussion: President Kempton stated the City is competing with other areas and there are a lot of nicer homes being built south of Waverly. A $1060.00 permit fee for a new dwelling can impact a monthly payment and the City’s property taxes are relatively high. Mr. Kempton mentioned with the increase in interest rates, people become more critical of all cost and this could cause them to build elsewhere. Councilman Claytor stated it could be forced on the City later. Mr. Davis stated he understood President Kempton’s comments yet in his opinion Waverly should be more concerned about quality not quantity. NEW BUSINESS: Resolution # 41-2006 (Emergency) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Police Fund. Councilman Blakeman read Resolution # 41-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Resolution # 42-2006 (Emergency) – To authorize the Auditor to transfer $4498.50 from the General Fund to the Green Acres Fund. Councilman Jones read Resolution # 42-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye. Resolution # 43-2006 (Emergency) – To authorize the Auditor to make and advance from the General Fund to the Sewer Fund. Councilwoman Thompson read Resolution # 43-2006 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 Blakeman to add Resolution # 44-2006 to the agenda. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Blakeman to add Resolution # 45-2006 to the agenda. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Blakeman to add Resolution # 46-2006 to the agenda. Roll Call: All Aye. Resolution # 44-2006 (Emergency) – To authorize the Auditor to make an advance from the General Fund to the Water Fund. Councilman Kemper read Resolution # 44-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye. Resolution # 45-2006 (Emergency) – To authorize the Auditor to transfer $.30 from the General Fund to the Depot Road Fund. Councilman Claytor read Resolution # 45-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Resolution # 46-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilwoman Thompson read Resolution # 46-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Mr. Dailey with the Am. Legion SAL thanked Council for allowing them to plan the 1st annual Waverly Street Festival. Mr. Dailey mentioned the Festival will be held on July 15th from 1-7pm and tentatively will cost $2.00 per person. Councilman Kemper made a motion, seconded by Councilman Claytor to change the July 4th meeting to July 6th due to the 4th of July holiday. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley had no report. Councilman Claytor made a motion, seconded by Councilwoman Thompson to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye. JULY 6, 2006 PRESENT: President Greg Kempton, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, and Roger Kemper. Auditor Harvey Whaley. Mayor Dale Reed was excused. The meeting was opened at 7:00 pm with President Kempton leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilman Claytor made a motion, seconded by Councilman Jones to approve the minutes of the June 20, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the June General Fund ending balance was $509,755.11 and after expenses and receipts the year to date balance is $505,011.53. Personnel Committee: Councilman Claytor had no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman reported he has received information from the Rascal Unit. The Rascal Unit is willing to live trap cats, spay or neuter them, vaccinate them and return them to the area they were found in, at a cost of $50.00 per cat. Auditor Whaley stated there isn’t anything budgeted to attempt that type of program in the middle of the year. Auditor Whaley stated he feels the situation should be thought about a little longer. Mr. Whaley mentioned reading something about stray cats being a nationwide problem. Councilman Blakeman stated he has been approached concerning the curb at Cardo’s. Mr. Blakeman mentioned the business owner is hoping sometime down the road the curb can be cut out to allow more parking. President Kempton mentioned he didn’t feel there was a major history of accidents in that area. Mr. Kempton stated there has been a negative impact on the business and feels the business owner felt he had a good chance of obtaining land behind the business. Mr. Kempton stated if it would come down to taking the curb out and selling park land he would lean toward taking the curb out. Public Service Committee: Councilwoman Thompson made a motion, seconded by Councilman Kemper to hire Dennis Crabtree II as a full time police officer beginning July 16, 2006 at a rate of $12.28 per hour. Roll Call: All Aye. Councilman Claytor stated he has spoken with Bob Gausman concerning the condition of the drain on 5th Street. Mr. Claytor suggested the City considering having a company run a camera in the drain to see what the problem is and if it can be fixed. Mr. Claytor mentioned a fire hydrant on 4th Street by the pool that doesn’t appear to be functional. President Kempton placed both issues in the Public Service Committee for review. MAYOR’S REPORT: Mayor Reed was excused. AUDIENCE PARTICIPATION: Scott Dailey with the Am. Legion SAL reported the final touches are being put on the plans for the 1st annual Street Festival on July 15th. Mr. Dailey explained the proceeds from the event will be divided with 50% going to SAL charities, 25% going to the Pike Co. YMCA and 25% going to rock for tots. Mr. Dailey asked if 6 picnic tables could be borrowed from the City to use at the festival. Councilman Blakeman made a motion, seconded by Councilman Claytor to allow 6 picnic tables to be used from the City parks. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Kemper to allow the Parks and Recreation Dept. to deliver the tables on Friday. Roll Call: All Aye. OLD BUSINESS: There was no old business. NEW BUSINESS: Councilman Blakeman made a motion, seconded by Councilman Kemper to allow the bids for the West North Street Project Phase II to be opened. Roll Call: All Aye. ** West North Street Project Phase II Bids** - Engineers Estimate $529,876.41 - Foill Inc. $549,219.00 - Allard Excavation $550,823.55 - Boone Coleman $483,939.10 - DGM Inc. $471,055.00 Councilman Claytor made a motion, seconded by Councilwoman Thompson to accept the received bids. Roll Call: All Aye. Resolution # 47-2006 (Dispense 2nd & 3rd) – Appointment of Nathan Davis to serve on the District 15 Public Works Integrating Committee for the City of Waverly. Councilman Claytor read Resolution #47-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Aye. Resolution # 48-2006 (Dispense 2nd & 3rd) - The Ohio Public Works Commission, an agency of the State of Ohio, requires all political subdivisions within its jurisdiction to prepare, approve and submit a Capital Improvement Report and 5 year Capital Improvement Plan/Maintenance of Effort in association with any application for grant or loan assistance from either the State Capital Improvement Fund, Local Transportation Improvement Plan or Small Government Program. Councilman Kemper read Resolution # 48-2006 in its entirety. No action was taken. Ordinance # 49-2006 (Emergency) – To adopt a Tentative Tax Budget for 2007. Councilwoman Thompson read Ordinance # 49-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Ordinance # 50-2006 (Emergency) – To amend Ordinance # 33-2005 and approve the membership for the City of Waverly Municipal Planning Commission in accordance with the Waverly City Charter and City Ordinance # 39-2005. Councilman Jones read Ordinance # 50-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye. Resolution # 51-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilman Blakeman read Resolution # 51-2006 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 he is anxiously awaiting the budget from the County. Mr. Whaley mentioned the City revenue is up and hopes it is reflected in the budget. Councilman Kemper made a motion, seconded by Councilwoman Thompson to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye. JULY 18, 2006 PRESENT: President Greg Kempton, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, and Roger Kemper. Mayor Dale Reed 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 to approve the minutes of the July 6, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the General Fund balance after paying the bills and tonight’s transfers will be $493,937.96 which is down a little. Mr. Kemper mentioned the balance is down but feels we are doing okay. Personnel Committee: Councilman Claytor had no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman reported when he first came on Council years ago, council had the right to inform Dept. Heads of a problem or concern. Councilman Blakeman asked Mayor Reed what his policy is concerning the issue. Mayor Reed stated he has no problem with Council contacting Dept. heads, Mr. Reed stated as Councilmen you have the right to inform the Dept. heads of a problem, however, it is not Councils place to dictate to them what to do. Councilman Blakeman stated the Street Festival seemed to go smooth and they are looking forward to next year. Public Service Committee: Councilwoman Thompson reported that Councilman Blakeman has information on the curb issue at Cardo’s. Councilman Blakeman stated he has spoken with the owner of Cardo’s and he stated he would pay to have the curb removed. Councilman Blakeman stated he did not know the difference between the two businesses at the entrance to Ford Ave. Bob Gausman, Councilwoman Thompson, and President Kempton agreed that removing the curb and allowing cars to back out onto Ford Ave. is a safety concern. President Kempton mentioned that backing toward 23 would also be a safety concern. Councilman Blakeman mentioned that Cardo’s owner has asked about purchasing park land behind Cardo’s for parking. Councilwoman Thompson stated that she, Nathan Davis and Bob Gausman are against giving away park land. Mr. Gausman stated he felt allowing a parking lot would not be proper use of park land. Council agreed to leave the curb as is. -Councilwoman Thompson stated she spoke with Dean and the fire hydrant on Fourth St. has been taken care of and is working. -Storm Drains on Fifth & Seventh Streets – Street Superintendent Dean Knight stated he does not feel there is a need to run the camera, Dean mentioned he feels the problem is in the dry well, you can not run water up hill, it has to reach a certain level before the water will flow, the bottom line is we need a new dry well. City Engineer Bob Gausman stated he feels the camera should be ran and it shouldn’t cost more than $1000.00. Mr. Gausman mentioned we have problem and it needs to be fixed and the camera would help to determine the problem. Econ. Dev. Nathan Davis stated it takes time to get money for projects, the City has several different problems and we can only commit to one project per year due to our budget situation. Mr. Davis mentioned the need to discuss the Cities priorities and get them in an order. Council decided to wait for input from all departments involved before making a decision. -Traffic problem in front of pool to Cherry St. – Mr. Gausman stated he feels we need to put a strip of asphalt down to make it usable road. Dean Knight disagreed and stated that he feels it would be a safety issue with the kids coming and going from the pool. Mr. Knight stated he feels the area should be closed and sew grass. President Kempton stated the Hwang’s land may be land locked if the street was closed. Mr. Gausman mentioned the land was originally a dedicated street. The issue was placed in the Public Safety Committee. MAYOR’S REPORT: Mayor Reed reminded everyone that with the heat to remember your neighbors and animals. Mayor Reed stated he met with Nathan Davis and Keith Putnam concerning the agreement with Ross Co. Bldg. Dept. Mr. Reed stated the agreement will take a little while to be approved. Mr. Reed mentioned Dave Duckworth has been doing the electrical inspections under the assumption that a Resolution was passed allowing him to perform inspections until the agreement is approved and be paid for them. Mr. Reed stated he has spoken with Marie and she directed us to pay him for the work he has completed. Mr. Reed mentioned the City will only be issuing zoning permits at this time until the state approves the agreement. Mayor Reed mentioned the 30 days are up on Aug. 3rd on the buildings that have been condemned and both buildings are still standing. Mr. Reed stated the City has to be willing to stand behind their decision. Mayor Reed mentioned that next year the City may need to look at making a line in the budget for demolition and assessments. OLD BUSINESS: There was no old business. NEW BUSINESS: ORDINANCE # 52-2006 (Dispense 2nd & 3rd) - To accept the unit price bid submitted by DGM Inc. for the West North Street Reconstruction Phase II Project on June 30, 2006 as the lowest responsive and responsible bid in accordance with Section 9.312 of the Ohio Revised Code and City Ordinance 38-2005; and to authorize the Mayor and Auditor to enter into contract with DGM Inc., according to: “Contract #CW0106 Exhibit A” attached, and all subsequent or related forms and documents associated with the “Contract Documents for West North Street Reconstruction Phase II” Project as were approved for public bid by City Council in Resolution 35-2006. Councilman Kemper read Ordinance # 52-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Discussion: Councilman Blakeman asked Nathan Davis when the project is to start. Mr. Davis stated there will be a pre-construction meeting the first week of August and he is waiting on appraisals from Val Francis. Resolution # 53-2006 (Emergency) – To Authorize the Auditor to transfer $40,000.00 from the General Fund to the Fire Fund. Councilman Claytor read Resolution # 53-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve as an emergency. Roll Call: All Aye. Resolution # 54-2006 (Emergency) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Police Fund. Councilman Blakeman read Resolution # 54-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye. Resolution # 55-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilwoman Thompson read Resolution # 55-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it as an emergency. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Whaley had no report. Councilman Kemper made a motion, seconded by Councilwoman Thompson to pay the bills. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Jones to adjourn to executive session concerning a personnel matter. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Blakeman to adjourn from executive session into regular session. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilwoman Thompson to appoint Steve Fisher as Councilman of Ward 5. Roll Call: All Aye. Claytor: Nay. Mayor Reed performed the swearing in of Steve Fisher as Councilman of Ward 5. Councilman Fisher will assume the duties of the committees that were Councilman Kempton’s until the first of the year when the committees will be reorganized. Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye. AUGUST 1, 2006 PRESENT: President Greg Kempton, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Johnathan Claytor, and Roger Kemper and Steve Fisher. Mayor Dale Reed and Auditor Harvey Whaley. The meeting was opened at 7:00 pm with Councilman Kemper leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilwoman Thompson made a motion, seconded by Councilman Blakeman to approve the minutes of the July 18, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the July month end General Fund balance is $345,216.00. Councilman Kemper made a motion, seconded by Councilwoman Thompson to add Resolution # 61-2006 to the agenda. Roll Call: All Aye. Personnel Committee: Councilman Claytor had no report. Public Safety Committee: Councilman Fisher had no report. Zoning Committee: Councilman Jones had no report. Councilman Jones mentioned he has received calls concerning the electric inspections and asked if any arrangements have been made with a new electrical inspector. Mayor Reed stated there are no arrangements in place and the City will not be issuing any more electrical permits until the agreement with Ross Co. Bldg. Dept. has been approved by the state. Mayor Reed stated if someone needs electric turned on and AEP refuses unless there is an inspection contact the Mayor’s office. Mayor Reed mentioned there is a chance the City will hire someone to take care of the electrical inspections and collect the fees until the agreement is approved. Mr. Reed mentioned he is waiting on the okay from the law director. Recreation Committee: Councilman Blakeman reported he spoke with Nathan and Thursday is the deadline for the barn & silo repairs. Mr. Blakeman asked Councils pleasure concerning the issue. President Kempton mentioned the motion made in a previous Council meeting allows the law director and Ross Co. Bldg. Dept. to go forward. Council discussed the drain on Fifth and Hillside. President Kempton stated the best thing to do would be to get a quote and then try to make a decision. Public Service Committee: Councilwoman Thompson had no report. MAYOR’S REPORT: Mayor Reed reported the Waste Water Treatment had an EPA inspection and passed every phase of the inspection. Mr. Reed stated he spoke with Sandy Colegrove from the Health Dept. concerning the cluttered yards. Mr. Reed mentioned Ms. Colegrove stated she would be happy to work with the City. Mr. Reed stated he attended a couple of the inspections with Ms. Colegrove and both homes that were inspected were being taken care of the next day. Mayor Reed stated a letter has been received concerning the possible interruption of monitoring service for the Cities alarm system. Councilman Kemper made a motion, seconded by Councilman Blakeman to enter into an agreement with Cencom if necessary. Roll Call: All Aye. Mayor Reed stated the manager of Victoria Place apts. contacted him concerning the apartment parking. Mr. Reed stated the tenants have adequate parking available and the no parking signs are already in place. Mayor Reed requested a motion be made to allow the parking laws to be enforced. Councilman Kemper made a motion, seconded by Councilwoman Thompson to allow no parking at Victoria Place Apts. to be enforced. Roll Call: All Aye. Mayor Reed reported Jill Williams and her wheel chair were thrown into a ditch beside Walnut Street Park due to a rough place in the sidewalk. Fortunately there were City workers in the park who helped her back onto the sidewalk. Mayor Reed mentioned the City needing to look into repair and replacement of damaged sidewalks. AUDIENCE PARTICIPATION: Jeff Kohler, owner of Cardo’s addressed Council concerning the curb in front of his business. Mr. Kohler questioned why it is safe to back out of a parking space at Diner 23 and it is not deemed safe at Cardo’s. Mr. Kohler passed around pictures of a vehicle backing from both locations for Council to view. Mr. Kohler mentioned he asked a designer from ODOT for his opinion and he said it doesn’t make any sense. Councilman Claytor made a motion to allow the removal of the curb in front of Cardo’s *** motion died due to a lack of a second. OLD BUSINESS: There was no old business. NEW BUSINESS: Resolution # 56-2006 (Dispense 2nd & 3rd) – To authorize the Mayor and Auditor to advertise for bids for the resurfacing of City Streets in accordance with the specifications outlined in: Exhibit A, Contract Documents for 2006 Street Resurfacing. Councilman Blakeman read Resolution # 56-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye. Discussion: Councilman Jones stated he hoped that more paving would be dedicated to streets in Bristol Village. Mayor Reed stated modifications can be made in the contract as long as all potential bidders are notified. President Kempton stated the bid is per ton contract which allows for change. Ordinance # 57-2006 (Emergency) – To approve current replacement pages to the Waverly Codified Ordinances, and declaring an emergency. Councilwoman Thompson read Ordinance # 57-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Resolution # 58-2006 (Emergency) – To authorize the Auditor to transfer $50,000.00 from the General Fund to the Police Fund. Councilman Fisher read Resolution # 58-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye. Resolution # 59-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilman Kemper read Resolution # 59-2006 in its entirety and made a made a motion, seconded by Councilman Fisher to approve it as an emergency. Roll Call: All Aye. Resolution # 60-2006 (Emergency) – To authorize the Auditor to transfer $117,000.00 from the General Fund to the West North Street Fund. Councilman Claytor read Resolution # 60-2006 in its entirety and a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Resolution # 61-2006 (Emergency) – To increase the mileage reimbursement rate for City Employees. Councilman Kemper read Resolution # 61-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as emergency. Roll Call: All Aye. Blakeman: Abstain. AUDITOR’S REPORT: Auditor Harvey Whaley reported the City General Fund has is a little lower. Mr. Whaley mentioned the Finance Committee has been meeting more often to come up with the Wage Ordinance and Budget for 2007. Councilman Kemper made a motion, seconded by Councilman Fisher to pay the bills. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Kemper to adjourn to executive session concerning a personnel matter. Roll Call: All Aye. Claytor: Nay. Councilwoman Thompson made a motion, seconded by Councilman Blakeman to adjourn from executive session to regular session. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Fisher to instruct the Cities law director to draft a letter from the City that would begin legal proceedings to remove Councilman Claytor from his office. Roll Call: All aye. Claytor: Nay. Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye. COUNCIL CLERK (MELODY THOMPSON) DATE AUGUST 15, 2006 PRESENT: President Greg Kempton, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Steve Fisher, and Roger Kemper. Mayor Dale Reed 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 Jones made a motion, seconded by Councilman Kemper to approve the minutes of the August 1, 2006 regular meeting. Roll Call: All Aye. FINANCE REPORT: Councilman Kemper made a motion, seconded by Councilwoman Thompson to approve the July 2006 Finance Report. Roll Call: All Aye. President Kempton notified Council of the resignation received from Councilman Johnathan Claytor. Councilwoman Thompson made a motion, seconded by Councilman Fisher to accept the resignation of Councilman Johnathan Claytor effective August 7, 2006. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the General Fund balance is looking good it will be $565,269.53 after the bills are approved this evening. The 2nd half of real estate taxes has been received. Mr. Kemper mentioned if anyone who has lived in the City for three or more years is interested in the at large council seat they should notify the Mayors office. Personnel Committee: There was no report. Public Safety Committee: Councilman Fisher had no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman reported he has received a proposal from Ohio Pest Control to perform the yearly rodent control in the City. Councilman Blakeman made a motion, seconded by Councilman Jones to approve the contract with Ohio Pest Control at a cost of $3,200.00. Roll Call: All Aye. Councilman Blakeman stated he received a call from a vendor concerning Christmas decorations. Mr. Blakeman mentioned there isn’t any money appropriated at this time, possibly in the future Council can look into purchasing Christmas decorations for the downtown area. Public Service Committee: Councilwoman Thompson made a motion, seconded by Councilman Blakeman to advertise for salt bids for the 2006-2007 season. Roll Call: All Aye. MAYOR’S REPORT: Mayor Reed reported there has been a tremendous response to the open Council Seat. *Mr. Reed reported he met with Nathan, the Seif’s and Mr. Fritz concerning the South Connector Project and everyone seems to be on the same page. Mr. Reed mentioned it is amazing how much work goes into a project and how overlooked their hard work is, Mr. Reed commended them for all there hard work. *Mayor Reed stated that tonight a decision needs to be made on the Wallace Rental lot due to the deadline date. Council discussed the expense to maintain the lot and the revenue generated. Councilman Kemper made a motion to send a letter of intent to enter into contract with Wallace Rentals – ***the motion failed for lack of a second*** *Mayor Reed reported the Health Dept. is doing a good job helping to get the trashy yards taken care of in the City. Mr. Reed asked if anyone has a legitimate complaint they can fill out a complaint form in the Mayor’s office. OLD BUSINESS: There was no old business. NEW BUSINESS: Nathan Davis reported DLZ is still working on the design for the South Connector Road. Mr. Davis mentioned on April 27th Council approved the application for the ODOT grant for enhancement funds to pay for railing, light poles, sidewalks and landscaping. Mr. Davis informed Council that he received a letter last week stating that the application is approved and requested that we look at the probable estimated inflation cost. DLZ’s revised overall estimate increased the cost 18% which raises the total cost $40,000.00 and in turn will increase the City match to $59,288.00. Mr. Davis stated the West North Street project is scheduled to start on August 28th and is a 50 day contract. They are trying to schedule there work to accommodate the school traffic. Mr. Davis reported the barn and silo issue is being set up for meeting with the Mayor, Auditor and the law director. Ordinance # 62-2006 (Dispense 2nd & 3rd) – To amend Ordinance # 39-2005 which approved the by-laws for the Waverly Planning Commission. Councilman Kemper read Ordinance # 62-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it. Roll Call: All Aye. Resolution # 63-2006 (Dispense 2nd & 3rd) – To authorize the Mayor and Auditor to enter into contract with APX Consulting Group, LLC to provide construction oversight services for the construction phase of the West North Street Reconstruction Phase II Project. Councilman Fisher read Resolution # 63-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it. Roll Call: All Aye. Resolution # 64-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget appropriations. Councilman Blakeman read Resolution # 64-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilwoman Thompson to not request a hearing for the name change of Bad Barracudas. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley had no report. Councilman Kemper made a motion, seconded by Councilwoman Thompson to pay the bills. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Kemper to adjourn to executive session concerning a personnel matter. Roll Call: All Aye. Blakeman: Nay. Councilwoman Thompson made a motion, seconded by Councilman Kemper to adjourn from executive session into regular session. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Fisher to add Resolution # 65-2006 to the agenda. Roll Call: All Aye. Blakeman: Nay, Jones: Nay Councilman Fisher made a motion, seconded by Councilman Kemper to add Ordinance # 66-2006 to the agenda. Roll Call: All Aye. Blakeman: Nay, Jones: Nay Councilwoman Thompson read Resolution # 65-2006 in its entirety for the 1st reading. Councilman Kemper read Ordinance # 66-2007 in its entirety for the 1st reading. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to adjourn. Roll Call: All Aye. SEPTEMBER 5, 2006 COMBINED CEMETERY BOARD MEETING PRESENT: President Greg Kempton, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman and Steve Fisher. Auditor Harvey Whaley, Mayor Dale Reed and Councilman Roger Kemper were excused. Cemetery Board members present: Danny Stephens, David Dewitt and Paul Price. The meeting was opened at 7:00 pm with Councilman Fisher 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 August 15, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper was excused. Personnel Committee: There was no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman had no report. Public Service Committee: Councilwoman Thompson had no report. Councilwoman Thompson made a motion, seconded by Councilman Fisher to hire Joe Taylor as a full time police officer at a starting rate of $ 12.28 per hour. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Fisher to appoint William Kelly as an Auxiliary Police Officer. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Blakeman to appoint Mickele Reisinger as an Auxiliary Police Officer. Roll Call: All Aye. MAYOR’S REPORT: Mayor Reed reported was excused. President Kempton stated that Nathan Davis needs about an hour and a half to present a power point presentation concerning the Capitol Improvement Plan. Mr. Kempton asked Council to meet on Tuesday the 19th at 5:30 pm prior to Council for the presentation. AUDIENCE PARTICIPATION: Lynn Downey addressed Council to withdraw his name from the list of potential candidates for the available seat. Mr. Downey mentioned the rumors throughout the City saying Council railroaded Johnathan Claytor out of his Council seat so it could be filled by Mr. Downey. Mr. Downey stated he has removed himself to prevent a dark cloud from the new Council seat. Mr. Downey mentioned he has accomplished what he set out to do which is getting people interested in running for Council. Combined Cemetery Board Meeting: Councilwoman Thompson made a motion, seconded by Councilman Blakeman to rearrange the agenda to allow the Cemetery Board to conduct business. Roll Call: All Aye. Councilwoman Thompson informed Council of Sam Rhodes resignation on August 31st due to moving out of Pee Pee Township. The Pee Pee Twp. Trustees nominated Danny Stephens to fill the vacant position. Pee Pee Twp. Trustee David Dewitt made a motion, seconded by Pee Pee Twp. Trustee Paul Price to appoint Danny Stephens as a Trustee on the Evergreen Union Cemetery Board effective Sept. 6, 2006. Roll Call: All Aye. Mr. Bob Trainer resigned from the Cemetery Board as of September 31, 2006 and recommended that Sam Rhodes fill the vacant position. Councilman Blakeman made a motion, seconded by Councilman Jones to accept the resignation of Bob Trainer from the Evergreen Union Cemetery Board. Roll Call: All Aye. Pee Pee Twp. Trustee David Dewitt made a motion, seconded by Councilman Blakeman to appoint Sam Rhodes to fill the Trustee position on the Evergreen Union Cemetery Board vacant position. Roll Call: All Aye. *Sharon Deacon with the Venturing Crew 100 – A coed Boy Scout group – addressed Council to ask permission to repel on the rock wall at Canal Park. Miss. Deacon informed Council of the “leave know trace” program and stated the repelling would not hurt the canal. Miss. Deacon stated the group has insurance that will cover them as well as the City. President Kempton placed the request in the Recreation Committee and asked that they provide a copy of the insurance and liability. OLD BUSINESS: Resolution # 65-2006 (2nd Reading) – To adopt the attached job description for Fire Prevention Officer. Councilman Blakeman made a motion, seconded by Councilman Jones to read Resolution # 65-2006 by title only for the second reading. Roll Call: All Aye. Councilwoman Thompson read Resolution # 65-2006 by title only for the second reading. Ordinance #66-2006 (2nd Reading) – To amend Ordinance # 79-2005 the amended Wage Ordinance for the City of Waverly for the year 2006. Councilman Fisher made a motion, seconded by Councilwoman Thompson to read Ordinance # 66-2006 by title only for the second reading. Roll Call: All Aye. Councilman Fisher read Ordinance # 66-2006 by title only for the second reading. NEW BUSINESS: Council entertained motions for the vacant council seat. Councilman Blakeman nominated Nick Johnson for the vacant Council seat and made a motion, seconded by Councilwoman Thompson to appoint him. Roll Call: All Aye. Salt Bids: Mortan Salt - $46.50 per ton Cargill Deicing Technology - $45.45 per ton North American Salt - $43.60 per ton Central Salt LLC - $50.89 per ton Councilman Blakeman made a motion, seconded by Councilwoman Thompson to accept salt bids as received. Roll Call: All Aye. Ordinance # 67-2006 (Dispense 2nd & 3rd) – To accept the bid submitted by Shelly & Sands Inc. for the 2006 City Street Resurfacing Project on August 24, 2006 as the lowest responsive and responsible bid; and to authorize the Mayor and Auditor to enter into contract with Shelly & Sands Inc., according to the specifications outlined in City Resolution # 56-2006 and Contract CW0206 “Exhibit A” attached. Councilman Blakeman read Ordinance # 67-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye. Resolution # 68-2006 (Emergency) – To move appropriations between lines with in the individual fund in the Budget Appropriations. Councilwoman Thompson read Resolution # 68-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye. City Engineer Bob Gausman addressed Council concerning the speed limit on US 23 at the Wal-Mart intersection. Mr. Gausman stated the accident history he received from Chief Roe shows 18 accidents in the last year. Mr. Gausman mentioned he feels the speed limit should be lowered from 50 to 35 in that area. President Kempton placed the issue in the Public Safety Committee for review. AUDITOR’S REPORT: Auditor Harvey Whaley was excused. Councilwoman Thompson made a motion, seconded by Councilman Blakeman to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to adjourn. Roll Call: All Aye. SEPTEMBER 19, 2006 PRESENT: President Greg Kempton, Councilmen Jack Jones, Forest Blakeman, Steve Fisher, and Roger Kemper. Mayor Dale Reed and Auditor Harvey Whaley. Councilwoman Joyce Thompson was excused. 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 Blakeman made a motion, seconded by Councilman Jones to approve the minutes of the September 5, 2006 regular meeting. Roll Call: All Aye. FINANCE REPORT: Councilman Kemper made a motion, seconded by Councilman Fisher to approve the August 2006 Finance Report. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the Finance Committee meetings have been very informational. The General Fund balance will be approx. $655,000.00 after paying the bills. Councilman Kemper made a motion, seconded by Councilman Blakeman to add Resolution # 71-2006 to the agenda. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Fisher to hire James Leaker as a part time dispatcher at a rate of $9.16 per hour. Roll Call: All Aye. Personnel Committee: There was no report. Public Safety Committee: Councilman Fisher reported he has received a letter from Bob Gausman concerning the speed limit change on Emmitt Ave. near Wal- Mart. Mr. Fisher stated he will have something at the next Council meeting regarding the issue. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman reported President Kempton checked with the Law Director concerning the Venturing Crew 100 repelling off of the canal wall and she stated that the City would still have some type of liability. Mr. Blakeman mentioned the parents have to sign a waiver and consent prior to their children repelling. Councilman Blakeman made a motion, seconded by Councilman Jones to allow Venturing Crew 100 to repel off of the canal wall. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Kemper to accept North American Salt’s bid for deicing salt and to use them for the 2006- 2007 season. Roll Call: All Aye. Public Service Committee: Councilwoman Thompson was excused. MAYOR’S REPORT: Mayor Reed reported Nathan, Dean, Chief Roe and his officer’s are doing a great job with the WNS project. Mr. Reed thanked the School board and administration for working with the construction company to keep things under control. Councilman Blakeman made a motion, seconded by Councilman Jones to allow the City buildings to be used as poling locations. Roll Call: All Aye. OLD BUSINESS: Resolution # 65-2006 (3rd Reading) – To adopt the attached job description for Fire Prevention Officer. Councilman Kemper made a motion, seconded by Councilman Blakeman to read Resolution # 65-2006 by title only. Roll Call: All Aye. Councilman Kemper read Resolution # 65-2006 by title only and made a motion, seconded by Councilman Fisher to approve it. Roll Call: Kemper, Fisher: Aye; Jones, Blakeman, Kempton: Nay. Ordinance #66-2006 (3rd Reading) – To amend Ordinance # 79-2005 the amended Wage Ordinance for the City of Waverly for the year 2006. Councilman Kemper made a motion, seconded by Councilman Fisher to read Ordinance # 66-2006 by title only. Roll Call: All Aye. Blakeman, Jones: Nay Councilman Fisher read Ordinance # 66-2006 by title only and made a motion, seconded by Councilman Kemper to approve it. Roll Call: Fisher, Kemper: Aye; Blakeman, Jones, Kempton: Nay. NEW BUSINESS: Resolution # 69-2006 (Dispense 2nd & 3rd) – To approve the anticipated revenue received and effective tax rates on current tax levies as determined by the County Budget Commission. Councilman Kemper read Resolution # 69-2006 in its entirety and made a motion, seconded by Councilman Fisher to approve it. Roll Call: All Aye. Resolution # 70-2006 (Emergency) – To authorize the Auditor to advance $25,000.00 back to the General Fund from the Sewer Fund. Councilman Blakeman read Resolution # 70-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye. Resolution # 71-2006 (Emergency) – To move appropriations between lines within the individual funds in the Budget Appropriations. Councilman Fisher read Resolution # 71-2006 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 had no report. Councilman Kemper made a motion, seconded by Councilman Fisher to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye. OCTOBER 3, 2006 PRESENT: President Greg Kempton, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Steve Fisher, and Roger Kemper. Mayor Dale Reed. Auditor Harvey Whaley was excused. The meeting was opened at 7:00 pm with Councilman Forest Blakeman leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilwoman Thompson made a motion, seconded by Councilman Jones to approve the minutes of the September 19, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the General Fund balance after the bills to be paid this evening will be $604,411.00. Councilman Kemper made a motion, seconded by Councilwoman Thompson to add Resolution # 75-2006 to the agenda. Roll Call: All Aye. Personnel Committee: There was no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman asked if the 30 days is up on the last letter sent to the owners of the Silo and the barn. Mr. Davis stated there is just a few more days left on the 30 days. Mr. Blakeman stated he has received numerous complaints concerning property owners and their rental property. Mr. Blakeman mentioned recently Chillicothe passed an Ordinance concerning the issue. Mr. Blakeman asked that a copy be obtained so the City can see if it is something that could be used here. Mayor Reed stated the Pike Co. Health Dept. is working with the City. Mr. Reed stated if anyone contacts Council just let them know there are forms in the Mayor’s office to file a complaint. Public Service Committee: Councilwoman Thompson made a motion, seconded by Councilman Kemper to appoint William E. Ford III as an auxiliary police officer. Roll Call: All Aye. Public Safety Committee: Councilman Fisher reported he met with Bob Gausman concerning the speed limit change on 23. Mr. Fisher mentioned Mr. Gausman is going to have the law director look at the Ordinance and then bring it to council. Councilman Fisher made a motion, seconded by Councilman Blakeman to hire Paul Martin as a volunteer fire fighter. Roll Call: All Aye. MAYOR’S REPORT: Mayor Reed reported the WNS project is going well and the weather has set the project back a few days. Mr. Reed mentioned Nathan and Dean are doing a good job. Mayor Reed stated he gave Travis Holden the Mayor’s Court Admin. Permission to change court from twice a month to once a week. Mayor Reed made a proclamation that October 6, 2006 is “Black Out Burg Day” the Waverly Tiger Football program is asking that everyone wear black to the football game. Mr. Reed mentioned he appreciates what the football program has accomplished. Mr. Reed stated the soccer and volleyball teams are doing well also. Nathan Davis reported WNS is moving along as scheduled. Mr. Davis mentioned the City will probably be obligated to grant the contractor a few rain days. Mr. Davis mentioned the contractor has scheduled the curb and gutter to be in and on site a week from the 9th. Mr. Davis stated 75% - 80% of the pipe is installed. All of the utilities have been good to work with and the completion date should be October 24-25th. OLD BUSINESS: There was no old business. NEW BUSINESS: Nathan Davis – 2007 Capitol Improvement Plan Mr. Davis asked Council to choose the two projects they would like to see design and engineering for. Councilman Kemper made a motion, seconded by Councilman Fisher to budget $100,000.00 within the 2007 General Fund budget for the purpose of planning and professional engineer services for the Hillside Ave. storm drain project and 335 & Clough intersection, Second St. reconstruction project. Roll Call: All Aye. Resolution # 72-2006 (Emergency) – To move appropriations between lines within the individual funds in the Budget Appropriations. Councilman Blakeman read Resolution # 72-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as emergency. Roll Call: All Aye. Resolution # 73-2006 (Emergency) – To move appropriations between lines within the individual funds in the Budget Appropriations. Councilwoman Thompson read Resolution # 73-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it as an emergency. Roll Call: All Aye. Resolution # 74-2006 (Emergency) – To adopt the National Incident Management System. Councilman Fisher read Resolution # 74-2006 in its entirety and a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye. Discussion: Butch Simonton Pike County EMS Director explained the NIMS program was brought about due to the events of 9/11. This program is to have a unified way of communication in the event of a catastrophic disaster. The program requires that Council members study and test online for the training for the program. Mayor Reed mentioned the Fire Dept. and Police Dept. have been involved for some time and to be able to receive any federal funding through home land security we have to be a part of this program. Resolution # 75-2006 (Emergency) – To authorize the Auditor to advance $35,000.00 back to the General Fund from the Water Fund. Councilman Jones read Resolution # 75-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it as an emergency. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley was excused. Councilman Kemper made a motion, seconded by Councilwoman Thompson to pay the bills. Roll Call: All Aye. President Kempton stated that Auditor Whaley has requested that a workshop be held to go over the budget and wage ordinance. Councilman Blakeman made a motion, seconded by Councilman Kemper to adjourn. Roll Call: All Aye. OCTOBER 17, 2006 PRESENT: President Greg Kempton, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Steve Fisher, and Roger Kemper. Mayor Dale Reed and Auditor Harvey Whaley. The meeting was opened at 7:00 pm with Councilman Steve Fisher leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilwoman Thompson made a motion, seconded by Councilman Jones to approve the minutes of the October 3, 2006 regular meeting. Roll Call: All Aye. FINANCE REPORT: Councilman Kemper made a motion, seconded by Councilman Jones to approve the September 2006 Finance report. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the General Fund budget is healthy after paying the bills the balance will be $654,590.37. Councilman Kemper made a motion, seconded by Councilman Fisher to add Resolution # 78-2006 to the agenda. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilman Fisher to add Resolution # 79-2006 to the agenda. Roll Call: All Aye. Personnel Committee: There was no report. Public Safety Committee: Councilman Fisher made a motion, seconded by Councilman Kemper to add Ordinance # 80-2006 to the agenda. Roll Call: All Aye. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman mentioned he would like to have a meeting with the Recreation committee concerning the park. Mr. Blakeman mentioned the vacant council seat and ask if Council needs to accept the resignation of Nick Johnson. Mr. Reed said Council can do as they wish concerning the matter. Councilman Blakeman made a motion, seconded by Councilman Kemper to accept Nick Johnson’s resignation. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Fisher to appoint Tom Patterson to fill the vacant council seat. Roll Call: All Aye. Mayor Reed stated because the paperwork has not been completed Mr. Patterson will be sworn in at a later date. Public Service Committee: Councilwoman Thompson made a motion, seconded by Councilman Fisher to hire Judy Whitt 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 Joe Francis as an Auxiliary Police Officer. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Blakeman to appoint Allen Jones as an Auxiliary Police Officer. Roll Call: All Aye. President Kempton stated he was approached concerning the road behind the pool. Mr. Gausman stated he is in favor of making it a street and allowing access on that side of town. MAYOR’S REPORT: Mayor Reed reported the losses the City has sustained due to the recent heavy rains is unbelievable. Mr. Davis explained the storm on 10/5 caused the deadline for the West North Street project to be pushed back. They had about 7 days of catch up work and clean up. The cost is probably about $50,000.00 in material and labor and the City will have to incur. Mr. Davis mentioned there is a contingencies line in the fund that could possibly be used unless the General Fund could find the money. The contractor is scheduled to start pouring curb and gutter on Thursday. Mr. Davis mentioned with the substantial amount of rain days the completion date for the project is sometime the second week of November. Mayor Reed reported Foreman Lane took a big hit due to the storm and the road is basically gone and needs our attention in the worst way. The sealant in the expansion joints on 23 also needs taken care of soon. Mr. Reed mentioned the Pike Arts Guild will be holding “Make a difference Day” on Oct. 28th and Bristol Village will be holding there 43rd annual fair on Oct. 20th & 21st. Mayor Reed asked Council to consider allowing the difference to the contract with Ohio Pest Control in the amount of $6344.00. Council Blakeman made a motion, seconded by Councilman Kemper to pay the $6344.00 increase to Ohio Pest Control. Roll Call: All Aye. AUDIENCE PARTICIPATION: * DR Robinson – Robinson Financial: Mr. Robinson addressed Council to request that the alley between his business and the First National Bank either be closed to pedestrian traffic only or be made a one way alley. After a lengthy discussion it was determined that the alley is in fact a one way alley and the signs that were removed due to construction were not replaced when the construction was finished. President Kempton asked Mr. Knight to look into getting the alley back to a one way alley. * Patricia Trussell: Ms. Trussell addressed Council concerning a person who lives near her on Franklin Ave., who works for a garbage company out of Chillicothe. Ms. Trussell stated that the neighbor takes his trash from his home and puts it in his trash truck and leaves the truck outside of his home running twice a week. Ms. Trussell says this is not fair because everyone else in the City is required to use Pike Sanitation. Mayor Reed stated he has spoken with Mike Migyanko at Pike Sanitation and the neighbor in question and both are okay with the situation. Mr. Reed stated there are over 300 people in the City not on garbage pickup and he is not going to single out just one person. Mayor Reed stated we cannot fix the problem unless we bill for the service. OLD BUSINESS: There was no old business. NEW BUSINESS: Ordinance # 76-2006 (1st Reading) – To adopt the proposed Budget Appropriations for the year 2007. Councilman Kemper read Ordinance # 76- 2006 in its entirety for the 1st reading. Ordinance # 77-206 (1st Reading) – To adopt the proposed Wage Ordinance for the City of Waverly for the year 2007. Councilman Fisher read Ordinance # 77-2006 in its entirety for the 1st reading. Discussion: Mayor Reed stated what is offered to one employee should be offered to all and an across the board percentage raise does just that. Resolution # 78-2006 (Emergency) – To authorize the Mayor and Auditor to enter into contract with KC Landscaping Company to provide the services of: top soil placement, seeding, mulching and tree planting in accordance with “Exhibit A, Proposal from KC Landscaping Company” for the amount of: $24,750.00 for the West North Street Reconstruction Project Phase II. Councilwoman Thompson read Resolution # 78-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Discussion: President Kempton questioned the amount being so close to the amount required to be put out to bid. Resolution # 79-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilman Blakeman read Resolution # 79-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Ordinance # 80-2006 (1st Reading) – To reduce the speed limit from 50 mph to 35 mph on US 23 within the City of Waverly from the south city limits at West Second Street, North to the southern most crossing of Crooked Creek. Councilman Fisher read Ordinance # 80-2006 in its entirety for the 1st Reading. AUDITOR’S REPORT: Auditor Harvey Whaley stated there will have to be some type of work shop set up to explain the IRS mandates the City will have to abide by. Councilman Blakeman made a motion, seconded by Councilwoman Thompson to change the next Council meeting to Thursday, November 9th due to the election. Roll Call: All Aye Councilman Kemper made a motion, seconded by Councilwoman Thompson to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye. Kemper: Nay. NOVEMBER 9, 2006 PRESENT: President Greg Kempton, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Steve Fisher, Roger Kemper and Tom Patterson. Mayor Dale Reed and Auditor Harvey Whaley. The meeting was opened at 7:00 pm with Councilman Tom Patterson 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 October 17, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper welcomed the new Councilman Tom Patterson. Mr. Kemper reported the City is in pretty good fiscal shape, after paying the bills the General Fund balance will be $563,179.00. Personnel Committee: Councilman Patterson had no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman asked what the next step will be in taking care of the barn and silo that pose a safety issue in the City. Mayor Reed stated he would contact the Ross Co. Bldg. Dept. and the law director to get ideas for how the City should proceed. Public Service Committee: Councilwoman Thompson made a motion, seconded by Councilman Blakeman to hire Mike Reisinger as a full time meter reader for the Water Dept. at a starting rate of $9.31 per hour. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Kemper to add Resolution # 85-2006 to the agenda. Roll Call: All Aye. MAYOR’S REPORT: Mayor Reed reported the expansion joints that the State is saying we have to repair on 23 do not have a warranty, so the cost is the Cities burden and the cost will be approx. $12,000.00 to $15,000.00. Councilman Kemper made a motion, seconded by Councilman Blakeman to allow the purchase and installation of expansion joints on US 23 at a cost of $12,000.00 to $15,000.00. Roll Call: All Aye. Mayor Reed mentioned that there is a need for a part time person to be shared by the Tax office and the Mayors Court office. Mr. Reed asked that Council consider making a motion to allow the position to be advertised. Councilman Kemper made a motion, seconded by Councilwoman Thompson to advertise for the part time position for the Tax office and Mayors Court office. Roll Call: All Aye. Mayor Reed stated Mr. Migyanko presented him with a list of people currently not on trash pick up and offered the City $.50 per customer for taking care of the billing when water and sewer is billed. Mr. Reed mentioned the only advantage he could think of is $8000.00 per year and less garbage sitting around if everyone has trash pick up. President Kempton mentioned complaints concerning such a high quarterly water and sewer bill and then adding an additional $33.00 for trash pick up. OLD BUSINESS: Ordinance # 76-2006 (2ND Reading) – To adopt the proposed Budget Appropriations for the year 2007. Councilman Kemper made a motion, seconded by Councilman Blakeman to read Ordinance # 76-2006 by title only. Roll Call: All Aye. Councilman Kemper read Ordinance # 76-2006 by title only for the 2nd reading. Ordinance # 77-206 (2ND Reading) – To adopt the proposed Wage Ordinance for the City of Waverly for the year 2007. Councilwoman Thompson made a motion, seconded by Councilman Kemper to read Ordinance # 77-2006 by title only for the 2nd reading. Roll Call: All Aye. Councilwoman Thompson read Ordinance # 77-2006 by title only for the 2nd reading. Councilman Kemper made a motion, seconded by Councilwoman Thompson to amend the 07 Wage Ordinance to reflect an across the board 3.5% raise. Roll Call: All Aye. Blakeman: Abstain. Ordinance # 80-2006 (2ND Reading) – To reduce the speed limit from 50 mph to 35 mph on US 23 within the City of Waverly from the south city limits at West Second Street, North to the southern most crossing of Crooked Creek. Councilman Fisher made a motion, seconded by Councilman Kemper to read Ordinance #80-2006 by title only for the 2nd reading. Roll Call: All Aye. Councilman Fisher read Ordinance # 80-2006 by title only for the 2nd reading. NEW BUSINESS: Ordinance # 81-2006 (1st Reading) - To authorize an increase in commercial and residential water rates and fees in the City of Waverly over a three year period beginning in 2007. Councilman Blakeman read Ordinance #81-2006 in its entirety for the 1st reading. Resolution # 82-2006 (Emergency) – To Authorize the Auditor to transfer $60,000.00 from the General Fund to the Second Street Fund. Councilman Fisher read Resolution # 82-2006 in its entirety and made motion, seconded by Councilman Fisher to approve it as an emergency. Roll Call: All Aye. Resolution # 83-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilman Patterson read Resolution # 83-2006 in its entirety and made a motion, seconded by Councilwoman Thompson to approve it as an emergency. Roll Call: All Aye. Resolution # 84-2006 (Emergency) – To amend Ordinance # 12-2006 the Amended Budget Appropriations for the year 2006. Councilwoman Thompson read Resolution # 84-2006 in its entirety and made a motion, seconded by Councilman Fisher to approve it as an emergency. Roll Call: All Aye. Resolution # 85-2006 (Emergency) – To move appropriations between lines within the individual funds in the Budget Appropriations. Councilman Fisher read Resolution # 85-2006 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 had no report. Councilman Kemper made a motion, seconded by Councilwoman Thompson to pay the bills. Roll Call: All Aye. Councilman Kemper made a motion, seconded by Councilwoman Thompson to adjourn to executive session concerning a contract issue. Roll Call: All Aye. Blakeman: Nay Councilman Kemper made a motion, seconded by Councilwoman Thompson to adjourn from executive session to regular session. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Jones to adjourn. Roll Call: All Aye. NOVEMBER 21, 2006 PRESENT: Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Steve Fisher, Tom Patterson and Roger Kemper. Mayor Dale Reed. Auditor Harvey Whaley and President Greg Kempton were excused. Councilwoman Thompson made a motion, seconded by Councilman Fisher to appoint Councilman Kemper as acting President. Roll Call: All Aye. Kemper: Nay. The meeting was opened at 7:00 pm with Councilman Tom Patterson leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilwoman Thompson made a motion, seconded by Councilman Fisher to approve the minutes of the November 9, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the General Fund balance will be $652,491.21 after paying the bills. Mr. Kemper mentioned it appears as if the City will end the year on a bright note financially. Personnel Committee: Councilman Patterson had no report. Public Safety Committee: Councilman Fisher had no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman reported he received the nuisance ordinance from Chillicothe and Chief Roe is looking it over to see what he can come up with that will be beneficial to Waverly. Once he is finished the Ordinance will be brought back to Council for consideration. Councilman Blakeman thanked the Jingle Bell Committee and its associates for a fine job. Mr. Blakeman questioned the barn & silo issue. Mayor Reed stated we are waiting on direction from the law director and looking for ways to fund the demolition. Mr. Blakeman stated a lot of important things have come up at Council that needs the law director’s opinion. Mr. Blakeman asked why the law director doesn’t attend all Council meetings. Acting President Kemper mentioned with what the City pays we are no where near what is required for a full time law director. Mr. Kemper suggested putting in writing specific questions for the law director and request in writing her opinion. Public Service Committee: Councilwoman Thompson made a motion, seconded by Councilman Fisher to enter into contract with Frank Swearingen for filming of the Council meetings at a rate of $100.00 per month. Roll Call: All Aye. Councilwoman Thompson made a motion, seconded by Councilman Fisher to hire Elizabeth Neal 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 Fisher to hire Jessica Napier as a part time dispatcher at a rate of $9.16 per hour. Roll Call: All Aye. MAYOR’S REPORT: Mayor Reed reported West North Street is open, yet there are still some loose ends to tie up. Mr. Reed stated the City is not allowed to change the speed limit near Wal-Mart unless a study is completed and journalized by the state. Mr. Reed mentioned the process can take a few days and recommended Ordinance #80-2006 be tabled until the study is finished. Mr. Reed stated he met with ODOT officials and they spoke very appreciatively of our City, stating that our Police Dept. acts in a manor way ahead of its time; they mentioned Dean Knight always acts professional and bragged on Bob Gausman. Mr. Knight mentioned the replacement of the expansion joints is set to start on Monday. OLD BUSINESS: Ordinance # 76-2006 (3RD Reading) – To adopt the proposed Budget Appropriations for the year 2007. Councilwoman Thompson made a motion, seconded by Councilman Patterson to read Ordinance # 76-2006 by title only for the 3rd reading. Roll Call: All Aye. Councilwoman Thompson read Ordinance # 76-2006 by title only for the 3rd reading and made a motion, seconded by Councilman Patterson to approve it. Roll Call: All Aye. Blakeman: Nay. Acting President Kemper made a recommendation that the comp time provision in the 2007 wage ordinance be changed to reflect the current practice of the City. Mr. Kemper recommended that the wage ordinance read that the comp time can be carried through the calendar year and if not used paid at time and a half at the end of the year and it can not be carried over to the next year. Councilman Jones made a motion, seconded by Councilman Patterson to amend the 2007 Wage Ordinance, Section II to read: Employees in the Supervisory category will be given compensatory time off in lieu of overtime pay during the calendar year in which the overtime occurred. If comp time is not taken payment for the overtime hours will be made at one and on half times the hourly rate at the end of the calendar year. Roll Call: All Aye. Blakeman: Abstain. Ordinance # 77-2006 (3RD Reading) – To adopt the proposed Wage Ordinance for the City of Waverly for the year 2007. Councilman Jones made a motion, seconded by Councilwoman Thompson to read Ordinance # 77-2006 by title only for the 3rd reading. Roll Call: All Aye. Councilman Patterson read Ordinance # 77-2006 by title only for the 3rd reading and made a motion, seconded by Councilman Jones to approve it. Roll Call: All Aye. Blakeman: Abstain. Ordinance # 80-2006 (3RD Reading) – To reduce the speed limit from 50 mph to 35 mph on US 23 within the City of Waverly from the south city limits at West Second Street, North to the southern most crossing of Crooked Creek. Councilman Fisher made a motion, seconded by Councilman Blakeman to table Ordinance # 80-2006. Roll Call: All Aye. Ordinance # 81-2006 (2ND Reading) - To authorize an increase in commercial and residential water rates and fees in the City of Waverly over a three year period beginning in 2007. Councilman Fisher made a motion, seconded by Councilwoman Thompson to read Ordinance # 81-2006 by title only. Roll Call: All Aye. Councilman Blakeman read Ordinance# 81-2006 by title only for the 2nd Reading. NEW BUSINESS: Resolution # 86-2006 (Emergency) – To move appropriations between lines within the individual funds in the Budget Appropriations. Councilman Fisher read Resolution # 86-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley was excused. Councilwoman Thompson made a motion, seconded by Councilman Fisher to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Patterson to adjourn. Roll Call: All Aye. DECEMBER 5, 2006 PRESENT: President Greg Kempton, Councilwoman Joyce Thompson, Councilmen Jack Jones, Forest Blakeman, Steve Fisher, Roger Kemper and Tom Patterson. Mayor Dale Reed and Auditor Harvey Whaley. 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 Jones to approve the minutes of the November 21, 2006 regular meeting. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported the General Fund balance after paying bills will be $651,122.00. Councilman Kemper made a motion, seconded by Councilwoman Thompson to add Resolution # 90-2006 to the agenda. Roll Call: All Aye. Personnel Committee: Councilman Patterson had no report. Zoning Committee: Councilman Jones had no report. Recreation Committee: Councilman Blakeman had no report. Councilman Blakeman expressed his concerns for the recent mailing received from Adelphia with rate increases. Mr. Blakeman mentioned how the people on fixed income may have a really hard time with this and the increase from Pike Natural Gas. Mr. Blakeman asked that a letter be sent to both utilities expressing the Cities dislike for the increase in cost. Mayor Reed stated that there isn’t anyone who likes increases, but we can’t do anything about it, the increase is something the City doesn’t control as long as the company is within Federal guidelines. Mr. Reed stated if Mr. Blakeman feels so strongly about the price increases he should also write a letter himself. Councilman Blakeman made a motion, to send letters to the two utilities concerning their increase. (Motion failed due to a lack of second) Mr. Blakeman asked if anything has happened with the silo and barn. Mayor Reed stated if we tear the buildings down we have to figure out how the City will pay for the demolition and then figure out how to recoup the Cities money from the owners. President Kempton mentioned an article he read in the Cities and Villages magazine that addressed the Building Code and the constitutional right to differ with the code. President Kempton placed the issue in the Zoning Committee after discussion among Council. Public Service Committee: Councilwoman Thompson had no report. MAYOR’S REPORT: Mayor Reed reported he and Council received notification from Nathan Davis concerning the disaster relief grant that has been awarded. Mr. Reed stated that the damage on West North Street and Foreman Lane are the two projects. WNS is complete and the City has until April 30th to complete the Foreman lane project. The City will have to come up with the money up front and then be reimbursed. The cost will be approximately $42,000.00 President Kempton placed the issue in the Finance Committee. OLD BUSINESS: Ordinance # 81-2006 (3rd Reading) - To authorize an increase in commercial and residential water rates and fees in the City of Waverly over a three year period beginning in 2007. Councilman Kemper made a motion, seconded by Councilwoman Thompson to read Ordinance # 81-2006 by title only for the 3rd reading. Roll Call: All Aye. Blakeman: Nay. Councilwoman Thompson read Ordinance # 81-2006 by title only and made a motion, seconded by Councilman Kemper to approve it. Roll Call: All Aye. NEW BUSINESS: Resolution # 87-2006 (Emergency) – To move appropriations between lines within the individual funds in the Budget Appropriations. Councilman Kemper read Resolution # 87-2006 in its entirety and made a motion, seconded by Councilman Fisher to approve it as an emergency. Roll Call: All Aye. Resolution # 88-2006 (Emergency) – To authorize the Auditor to transfer $70,000.00 from the General Fund to the Bridge & Street Fund. Councilman Fisher read Resolution # 88-2006 in its entirety and made a motion, seconded by Councilman Patterson to approve it as an emergency. Roll Call: All Aye. Resolution # 89-2006 (Emergency) – To amend Ordinance # 12-2006 the Amended Budget Appropriations for the year 2006. Councilman Patterson read Resolution # 89-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye. Resolution # 90-2006 (Emergency) – To move appropriations between lines within the individual funds in the Budget Appropriations. Councilman Blakeman read Resolution # 90-2006 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 had no report. Councilman Kemper made a motion, seconded by Councilwoman Thompson to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Patterson to adjourn. Roll Call: All Aye. DECEMBER 19, 2006 PRESENT: President Greg Kempton, Councilmen Jack Jones, Forest Blakeman, Steve Fisher, and Roger Kemper. Councilwoman Thompson, Mayor Dale Reed and Auditor Harvey Whaley were excused. The meeting was opened at 7:00 pm with Councilman Patterson leading Council and guests in the pledge of allegiance to the flag. MINUTES: Councilman Patterson made a motion, seconded by Councilman Blakeman to approve the minutes of the December 5, 2006 regular meeting. Roll Call: All Aye. NOVEMBER FINANCE REPORT: Councilman Kemper made a motion, seconded by Councilman Blakeman to approve the November 2006 Finance Report. Roll Call: All Aye. COMMUNICATIONS AND COMMITTEE REPORTS: Finance Committee: Councilman Kemper reported after paying the bills and transfers the General Fund balance will be $652,049.38. Councilman Kemper made a motion, seconded by Councilman Blakeman to add Resolution # 96-2006 to the agenda. Roll Call: All Aye. Personnel Committee: Councilman Patterson had no report. Zoning Committee: Councilman Jones questioned the article President Kempton mentioned during last Council. President Kempton stated he would get a copy for Mr. Jones. President Kempton stated the City needs a building dept. of their own. Recreation Committee: Councilman Blakeman wished everyone a Merry Christmas and a Happy New Year. Mr. Blakeman mentioned he looked forward to working with Council next year. Councilman Blakeman expressed his concern for the notice that as of Dec. 31st channels 6 and 8 may no longer be on the Cities cable. Mr. Blakeman mentioned he has received several calls concerning the issue. Mr. Blakeman asked Council if the City should send a letter or just wait and see what happens. President Kempton stated he doesn’t feel there is much the City can do about the problem. Public Service Committee: Councilwoman Thompson was excused. MAYOR’S REPORT: Mayor Reed was excused. AUDIENCE PARTICIPATION: James Weekly addressed Council concerning a street light at 300 Victory Dr. Mr. Weekly asked if a street light can be installed at the address. Mr. Weekly mentioned the vandalism to the church and residences in the area. Council discussed the issue and Councilman Patterson stated the area is very dark due to the lack of a street light. Councilman Blakeman made a motion, seconded by Councilman Kemper to look into the cost of installing a new street light at 300 Victory Dr. Roll Call: All Aye. President Kempton asked that Mr. Gausman look into the issue. OLD BUSINESS: There was no old business. NEW BUSINESS: Resolution # 91-2006 (Dispense 2nd & 3rd) – To authorize the Mayor and Auditor to enter into contract with APX Consulting Group, LLC to provide construction plan drawings for the reconstruction of Foreman Lane. Councilman Kemper read Resolution # 91-2006 in its entirety and made a motion, seconded by Councilman Fisher to approve it as an emergency. Roll Call: All Aye. Resolution # 92-2006 (Emergency) – To authorize the Auditor to transfer $150,000.00 from the General Fund to the Police Fund. Councilman Patterson read Resolution # 92-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye. Resolution # 93-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilman Fisher read Resolution # 93-2006 in its entirety and made a motion, seconded by Councilman Kemper to approve it as an emergency. Roll Call: All Aye. Resolution # 94-2006 (Emergency) – To amend Ordinance # 12-2006 the Amended Budget Appropriations for the year 2006. Councilman Jones read Resolution # 94-2006 in its entirety and made a motion, seconded by Councilman Blakeman to approve it as an emergency. Roll Call: All Aye. Resolution # 95-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilman Blakeman read Resolution # 95-2006 in its entirety and made a motion, seconded by Councilman Jones to approve it as an emergency. Roll Call: All Aye. Resolution # 96-2006 (Emergency) – To move appropriations, between lines within the individual funds in the Budget Appropriations. Councilman Kemper read Resolution # 96-2006 in its entirety and made a motion, seconded by Councilman Patterson to approve it as an emergency. Roll Call: All Aye. AUDITOR’S REPORT: Auditor Harvey Whaley was excused. Councilman Fisher made a motion, seconded by Councilman Patterson to pay the bills. Roll Call: All Aye. Councilman Blakeman made a motion, seconded by Councilman Patterson to adjourn. Roll Call: All Aye.
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