Vermilion Ohio News

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Vermilion City Council Minutes

Monday, February 4, 2008

Vermilion City Council: Fred Ostrander, President; Dan Roth, Council At Large; John Gabriel, Ward One; Heidi Strickler, Ward Two; Steve Holovacs, Ward Three; Barb Brady, Ward Four; Madio Rossini, Ward Five; Gwen Fisher; Certified Municipal Clerk.

Administrative Staff: Dan Squires, Service Director; Carl Schmidt, Safety Director; Chris Howard, City Engineer; Wayne Hamilton, Finance Director; D. Zaleski, Law Director; Jean Anderson, Mayor.

CALL TO ORDER:

F. Ostrander called the Monday, February 4, 2008 Vermilion City Council meeting to order.

PLEDGE OF ALLEGIANCE:

The members of Council, administrative staff, and audience participants recited the Pledge of Allegiance. A moment of silence followed.

APPROVAL OF MINUTES:

The Vermilion City Council approved the minutes of the January 22, 2008 meetings as recorded in the journal.

CORRESPONDENCE:

G. Fisher read a letter submitted to council by Judy Virgin dated January 6, 2008. Per her correspondence, she stated that she attended the council meeting of December 3, 2007 and brought attention to the fact that she had requested copies of public records but did not receive what was requested. Her first e-mail requesting these records was dated August 22, 2007. She stated that she did receive some records but not all. She stated that she asked for wage information (hourly/salary), longevity, and how much it costs the city for medical for each employee. She also wanted to know if city employees pay anything out of pocket for their medical, and if so, how much. She also found out that an employee of the Street Department for the City of Vermilion, allegedly had copies of all e-mails that she had sent to Mayor Anderson and Mr. Hamilton referencing her public records requests. She stated that she is aware that these e-mails are public records but when she called Mayor Anderson and asked how this person knew she had sent the e-mails, Mayor Anderson claimed she did not know. She didn’t know if the city was hiding something or not; she hoped not. She said that Mr. Ostrander said he would respond in two weeks to her questions and asked the law director, Don Zaleski to intercede.

She also asked about the ditch in front of her residence due to the fact that on August 7, 2007, she had approximately $5000 worth of damage in her basement from the storm on that date. Approximately seven years ago, she was told by the previous administration that she would be put on a list and if she paid for the materials, the city would handle the labor. Mr. Squires had told her that he would be meeting with Councilwoman Strickler the next day and would get back to her. He also mentioned that in the past citizens paid for the material and the city may or may not pay for all the labor in the future. She said that she doesn’t think that she should have to pay labor costs to city employees when she pays her taxes and was previously told that the city would supply the labor.

At the next meeting, Mr. Ostrander once again asked about the public records request. She thanked him for this but noted that she still had not received what she requested. She said that Mr. Ostrander also asked D. Squires about the ditch problem and he said he would contact her after the first of the year. At the date of this writing, January 16, she has not heard anything about the public records or from Mr. Squires or his designee. She stated that she has copies of all her e-mails that she has sent and received and will make them available to council, the news media, or the public if desired.

PRESIDENT OF COUNCIL’S REPORT:

F. Ostrander reported that the Public Hearing for the Vermilion Shores PUD has been scheduled for Monday, March 3, 2008 at 6:00 p.m. at the Municipal Complex, 687 Decatur Street.

Notices relative to this public hearing will be mailed out by certified mail to the property owners within 300 feet of the rezoning on Tuesday, February 5. Some of the mailing addresses as provided from the Lorain County Auditor’s Office include the tax mailing/mortgage address rather than the physical home address. The clerk is required to use the mailing address as listed from the auditor. If you haven’t received your notice by the end of next week (February 15), please contact Gwen Fisher at 204-2465 and she can advise as to what address your notice was sent to.

COMMITTEE REPORTS:

Zoning Board of Appeals:

B. Brady reported on the meeting held January 29. The next meeting is scheduled for February 26, 2008 at 7:00 p.m.

Utilities Committee:

H. Strickler reported on the meeting held January 28. The next meeting is scheduled February 25, 2008 at 7:00 p.m. She noted that residents can call her on her cell phone at 440-989-6877.

Streets, Buildings & Grounds Committee:

D. Roth reported on the meeting held January 28. The next meeting is scheduled for February 25, 2008 at 7:00 p.m.

Historic, Design & Review Board:

D. Roth reported that the next meeting is scheduled for February 20, 2008 at 7:00 p.m.

Port Authority:

F. Ostrander reported on the meeting held January 24. The next meeting is scheduled for February 21, 2008 at 7:00 p.m.

Finance Committee:

S. Holovacs reported that the next meeting is scheduled for February 11, 2008 at 7:00 p.m.

Licensing Board of Contractors:

S. Holovacs reported that the next meeting is scheduled for February 13, 2008 at 7:00 p.m.

Storm Water Advisory Committee:

S. Holovacs reported that the next meeting is scheduled for February 25, 2008 at 6:00 p.m.

Legislative Committee:

J. Gabriel reported that the next meeting is scheduled for February 11, 2008 at 7:00 p.m.

Planning Commission:

J. Gabriel reported that the next meeting is scheduled for February 6, 2008 at 7:00 p.m.

Health & Safety Committee:

M. Rossini reported that the next meeting is scheduled for February 11, 2008 at 7:00 p.m.

MAYOR’S REPORT:

Mayor Anderson briefly explained the purpose of a water and sewer fund and how they are organized, and how they pay their bills. She noted that W. Hamilton would provide in his report a little more detail on the financial data. She stated that the water and sewer fund should be viewed as their own separate business because they are separate from the city’s operating general fund. The purpose of these funds is to provide service to the city residents delivering both water and sewer services. They are organized by following strict guidelines from the EPA and the state regulatory agencies. They are required to have superintendents which are required to have certain levels of certification. They are also required to have trained employees to meet the mandated standards. These funds include the employees’ salaries and benefits, a building to support, pipes in the ground to maintain, and chemicals to purchase. Their revenue comes from the fees paid by the people who use their services. These costs are totally paid for through collected fees, just like a business must generate enough money from its services or sales to pay their bills; so must the water and sewer funds.

SAFETY DIRECTOR’S REPORT:

C. Schmidt reported they are keeping an eye on the river due to the flood warnings. Secondly, he reported that he spoke with Ohio Edison this date and they wanted to know if council still wanted to put a street light on the corner of Hiawatha and EWA. He said the cost is around $2,000 and he needs council to tell him where they would get the money from to put in a street light. S. Holovacs stated that this issue was previously discussed in committee and Carl Schmidt was directed to check with the residents to see if they want to be assessed. C. Schmidt stated that the residents signed a petition to have a light installed, however, they may not know they will be assessed the cost. F. Ostrander tabled this discussion to the next streets meeting.

SERVICE DIRECTOR’S REPORT:

D. Squires reported that construction has begun on the Downtown Watermain Replacement Project. He noted that water will be shut off from 9:00 a.m. until noon on Tuesday, February 5 on Decatur Street north of Liberty. He said they have posted approximately 60 door hangers advising the residents about this.

He reported that repairs have been made to the 16” watermain that runs under the Vermilion River. The line is expected to be in service by the end of the week. He thanked the following individuals for doing an outstanding job on this repair: Charlie Grisel, Dave Henderson, John Brumenschenkel, Rick Martin, and Gene Baker. He said he is proud as a service director to have these gentlemen on staff with the City of Vermilion for doing such a fantastic job. He said they worked all day Friday into the evening and all day and evening on Saturday, and started again this date. He also thanked John Herkler of Herk Excavating for their professional expertise in making these repairs. They have been performing the work in a very timely manner and have worked well with the distribution crew and water department.

S. Holovacs asked if there would be a boil alert once the watermain is brought online due to dirt. D. Squires said it will immediately be able to be used as drinking water. He said they are chlorinating and pressure testing the line, and then they will perform bacteria samples. H. Strickler asked how long it will take the water tank to fill up once this comes online. D. Squires didn’t have that answer but indicated that they have been maintaining 15 to 18 feet in the water tower. He said he could call her with this information at a later time.

H. Strickler asked if the city received cost estimates on Edson Street. D. Squires said they haven’t received them but hopes to have them by this week.

B. Brady asked if the 16” watermain was an isolated break. D. Squires said it was an isolated break and they have taken numerous photographs. He will give council a short power point presentation on what they found and the repairs they have made, and then how they are shoring up the bank so further erosion does not cause further problems.

J. Gabriel asked the service director what his thoughts were on ice breaking with the anticipated rain. D. Squires stated that South Shore Dredge and Dock was ice breaking this date and he stopped it because he felt there was no need to do ice breaking at this point because there was enough flow in the river.

F. Ostrander asked the service director to give a general update on the corrective action the city took during the last boil alert. D. Squires stated that the city will continually stay up on maintenance. He said during this boil alert one of the basins was down for preventative maintenance repairs and they were caught off guard because of the high turbidity, and then they experienced problems with the mechanical track back of basin #3. He felt this issue was an isolated incident.

FINANCE DIRECTOR’S REPORT:

W. Hamilton reported that he discussed the year-end cemetery report with Mark Riddle and they are pleased to announce that the cemetery showed profit last year by $7,600 ahead of expenses. He thought this has been the first time in three years that this has happened.

He reported that he sent a request to the clerk of council to review a proposed healthcare ordinance in preparation of a change over to a new health care plan. This issue is on the February 11 Finance agenda.

He reported that the general fund ended up with a $503,000 balance. He said he likes to take a look at the trend of funds as to what they are taking in and what they are spending from year to year. He said two years ago they had discussed that the general fund had been in a downward spiral on an average of over a five-year period. He said at that time the balance was around $90,000. He said he would love to tell them that the $503,000 balance is purely financial management, but in reality they need to look at the revenue side. He said there were a couple of items that changed from 2006 to 2007. The real estates taxes were up by $170,000 and the inheritance tax which is a non-recurring item jumped by $250,000 this year. He said this isn’t $250,000 they can count on next year. He said the Street M&R fund ended up with a $66,000 balance, which was less from 2006. He said in 2006 the healthcare fund had a negative balance of about $20,000 and they now have a combined balance of $68,000 in those two funds. He said this is a $90,000 favorable shift. He said the two ugly funds are the water fund and sewer fund. The water fund ended up with a negative balance of $75,000. He said when they looked at this two years ago they saw a five-year downward spiral which meant that the water fund spent more than what it was taking in. He said the Benza report on rate increases had suggested a rate increase for a three-year period, but those increases were not made. In the same time, salaries increased 3 percent and chemicals doubled over the last five years. He said by not initiating these increases and looking at an average revenue stream of about $1.6 million per year, with 3 percent on top is about $50,000 a year for the first year, and the second year is $100,000 and the third year would have been another $150,000. He said $300,000 at the end of 2007 would have given the city a positive balance of $225,000. He said he doesn’t say this to be critical of past because decisions were made for whatever reason. He pointed out the importance of keeping on top of rate increases in the water fund and sewer fund. He reported that the sewer fund had a negative balance of $43,000 and sludge hauling was the biggest cost.

J. Gabriel said that he had spoke earlier with the finance director on the transfer of funds in 603 and 601 and would like to discuss this in detail at the next finance meeting. W. Hamilton said it is important that council understands this. He suggested that they read the codified ordinances that lead to this process which provides for the collection.

H. Strickler asked the finance director if 2007 was completely closed out, and if so, when. W. Hamilton said it was closed out a few weeks ago. He said when it was closed out he sent a copy to Unice Smith who is the Auditor doing the fiscal watch procedure. He said she will be in Wednesday morning and they should be able to knock this out the same day. He said her formal report goes to Columbus and council will receive a letter.

F. Ostrander explained that the formulas are missing on the reports and asked if there is a way they can be provided to council. D. Squires said he would look into this.

F. Ostrander asked the finance director when he knew about the increase in real estate taxes and the inheritance tax. W. Hamilton said that council received the reports every month. F. Ostrander thought he would have at least mentioned numbers to this magnitude to council. He thought the taxes would have come in around July, so the finance director should have known this for awhile.

CITY ENGINEER’S REPORT:

C. Howard reported that the Downtown Watermain Replacement Project started today and the contractor is starting at Decatur and is working his way east on Liberty Avenue. As the contractor gets closer to Main Street there will be times when they have to maintain one lane of traffic, so there will be some parking spaces closed down during construction.

S. Holovacs asked if shutting down water will be a periodical thing the contractor will do throughout the project. C. Howard said that as they get to each intersection they will have to shut down the lines in order to tie into the existing lines that run north and south. He stated that notices will be passed out.

H. Strickler asked how long the project will take. C. Howard said that in the base bid it states that they have to be done by March 15. He said the contractor feels they will have the whole project completed by March 15.

S. Holovacs asked if the city has heard anything on the low bidder for the streetscape project. D. Squires stated that Smith Paving of Norwalk, Ohio was the low bidder and it was just over $600,000, which was well below the original engineer’s estimate. He said he can give council a full report at some point. S. Holovacs asked if the streetscape project would begin after the waterline project. D. Squires said that he has not spoke with the project manager and he is not aware whether it has been awarded yet. He said he will be invited to the pre-construction meeting and will share this information with council after that meeting.

H. Strickler said if this project came in under bid estimate could council keep this money to do other projects. D. Squires said he is working on this because he is a member of the MPO Policy Committee and has already discussed this with someone on the committee. He said once the final numbers come in he will present to the policy committee a plan to take those monies that may be left over to do another street in the city. He said if the city is awarded those extra funds through the policy committee then the city has to have a 20 percent match. H. Strickler responded, “Edson Street”.

D. Squires stated that Steve Magyar, Project Manager for Bramhall Engineering informed him that Underground Utilities Inc. will be working Monday through Thursday so no construction will take place on Friday, Saturday, or Sunday and the streets will be opened. He said they will take all their equipment to their staging area by the Hull Building.

LAW DIRECTOR’S REPORT:

D. Zaleski reported that a pretrial hearing is scheduled for February 5 on the Flynn vs. the City of Vermilion case. He stated that on February 6 there is a pretrial hearing on the Gammons lawsuit. He will report back to council at the next council meeting on these cases.

F. Ostrander referred to the letter written by Judy Virgin and asked the administration if they talked to her yet. D. Zaleski said that she has been e-mailing him and he has responded back to her by e-mail. He said that he told the finance director that he needs to respond to these requests. W. Hamilton said that he e-mailed Judy Virgin a couple of months ago after he sent her the last information. He said he asked her if she needed anything else and he hasn’t heard from her since. F. Ostrander asked D. Squires if he contacted her about the ditch in front of her home. D. Squires said there are a lot of projects ongoing involving the street department crew. He said there are small storm sewer projects/culverts and Judy Virgin is on that list. He hoped to get to them in early spring. He said he would contact Judy Virgin.

RESPONSE TO THE AUDIENCE:

F. Ostrander referred to Jim Machkoff’s concerns relative to the accessory building ordinance. He advised council that they will have to remove the emergency clause from the ordinance because it is a zoning law. D. Zaleski said he would like to review this ordinance to make sure they don’t need to change definitions elsewhere. He said this should be ready by the next council meeting. This issue was referred to the next legislative agenda.

F. Ostrander stated that Jim Machkoff asked council to say “no” to the streetscape project. F. Ostrander felt the streetscape project will look nice but on the other hand understands it is a lot of money for a small section of town, but overall he feels the results will be worthwhile.

OPEN TO THE AUDIENCE: No participants.

OLD BUSINESS: None.

NEW BUSINESS:

D. Roth MOVED; S. Holovacs seconded to add Ordinance 2008-11 to the agenda for a first reading. Roll Call Vote 7 YEAS. MOTION CARRIED.

S. Holovacs MOVED; D. Roth seconded to amend Ordinance 2007-104 to make the effective date one year. Roll Call Vote 6 YEAS; 1 ABSTENTION (Gabriel). MOTION CARRIED.

S. Holovacs reported that Vermilion Township has a Public Hearing scheduled for February 19, 2008 at 7:30 p.m. to rezone properties from agricultural/residential to general commercial on State Route 60. He said this rezoning will bring it right to the property line along the Hollyview, Sanford, and Concord area. He reported that he has received calls from residents because businesses will be right on their property line and 30 feet from their houses. He said that council meets on February 19 and he too would like to call a special finance meeting that evening to discuss the 2008 budget. He said he would like somebody from the city to be in attendance at this public hearing to represent ward three. F. Ostrander scheduled the Vermilion City Council on February 19 to 5:30 p.m. in order for either him or S. Holovacs to attend this public hearing. There will also be a Special Finance meeting scheduled after the Vermilion City Council meeting on February 19 to discuss the 2008 budget. J. Gabriel was directed to advise the Planning Commission members about this meeting.

F. Ostrander said that since this is a township rezoning and the fact that it affects city properties, what rights do the residents have when it’s a different governing authority doing the rezoning. D. Zaleski said that because it does affect their property they still should get notice from the township. He said he would have to look at the statutes relative to townships.

S. Holovacs MOVED; J. Gabriel seconded to adjourn into executive session to discuss personnel matters regarding employment, compensation, hiring, firing, and discipline of an employee. Roll Call Vote 7 YEAS. MOTION CARRIED.

READING OF THE ORDINANCES:

Third Reading – Ordinance 2007-104: AN ORDINANCE ENACTING CHAPTER 1043 OF THE CODIFIED ORDINANCES OF THE CITY OF VERMILION ENTITLED “GREASE INTERCEPTORS” AND DECLARING AN EMERGENCY.

S. Holovacs MOVED; M. Rossini seconded to adopt this ordinance as amended and by emergency. Roll Call Votes 6 YEA; 1 ABSTENTION (Gabriel). MOTION CARRIED.

Third Reading – Ordinance 2008-3: AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF VERMILION, OHIO TO APPROVE THE CONTINUATION OF THE CONTRACT PASSED ON DECEMBER 21, 1998, PURSUANT TO ORDINANCE 98-89 TO RECEIVE A SUBSIDY FROM BROWNHELM TOWNSHIP, LORAIN COUNTY, OHIO FOR SUBSCRIPTION AMBULANCE SERVICE THROUGH THE CITY OF VERMILION’S CONTRACT WITH NORTH CENTRAL EMS OF MILAN, OHIO FOR THE PERIOD OF JANUARY 1, 2008 THROUGH DECEMBER 31, 2008 AND DECLARING AN EMERGENCY.

S. Holovacs MOVED; B. Brady seconded to table the third reading. Roll Call Vote 7 YEAS. MOTION CARRIED.

Third Reading – Ordinance 2008-4: AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF VERMILION, OHIO TO RECEIVE A SUBSIDY FROM VERMILION TOWNSHIP, ERIE COUNTY, OHIO FOR SUBSCRIPTION AMBULANCE SERVICE THROUGH THE CITY OF VERMILION’S CONTRACT WITH NORTH CENTRAL EMS OF MILAN, OHIO FOR THE PERIOD OF JANUARY 1, 2008 THROUGH DECEMBER 31, 2008 AND DECLARING AN EMERGENCY.

B. Brady MOVED; H. Strickler seconded to table the third reading. Roll Call Vote 7 YEAS. MOTION CARRIED.

Second Reading - Ordinance 2008-7: AN ORDINANCE AMENDING SECTION 1260.06(1) OF THE CODIFIED ORDINANCES OF THE CITY OF VERMILION ENTITLED “DEFINITIONS; ACCESSORY USE OR BUILDING”.

Second Reading – Ordinance 2008-8: AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY OF VERMILION, OHIO TO MAKE PAYMENT OF FIVE HUNDRED DOLLARS ($500.00) TO MAIN STREET VERMILION FOR THE 2008 PROMOTIONAL BROCHURES AND DECLARING AN EMERGENCY.

First Reading – Ordinance 2008-9: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH CLEMANS AND NELSON ASSOCIATES, INC. TO REPRESENT THE CITY OF VERMILION IN THE MATTER OF LABOR NEGOTIATIONS WITH THE LOCAL 860, AND DECLARING AN EMERGENCY.

First Reading – Ordinance 2008-11: AN ORDINANCE TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF VERMILION, OHIO FOR THE FISCAL YEAR ENDING DECEMBER 31, 2008 AND DECLARING AN EMERGENCY.

S. Holovacs MOVED; J. Gabriel seconded to suspend the rules. Roll Call Vote 7 YEAS. MOTION CARRIED.

S. Holovacs MOVED; J. Gabriel seconded to adopt this ordinance by emergency. Roll Call Vote 7 YEAS. MOTION CARRIED.

First Reading – Ordinance 2008-10: AN ORDINANCE TO OFFICIALLY SUPPLEMENT THE MINIMUM CONTRACTUAL SERVICES TO BE PERFORMED BY BRAMHALL ENGINEERING & SURVEYING COMPANY BY VIRTUE OF ORDINANCE 2006-1 BY AUTHORIZING CONSTRUCTION INSPECTION AND ADMINISTRATIVE SERVICES, AND CONSTRUCTION STAKING RELATIVE TO THE DOWNTOWN WATERMAIN REPLACEMENT PROJECT; PRESCRIBING THAT THE FIRM SHALL BE PAID FOR ADDITIONAL SERVICES IN ACCORDANCE WITH THE RATE SCHEDULE SET FORTH IN ORDINANCE 2006-1 IN A TOTAL AMOUNT NOT TO EXCEED THIRTY FIVE THOUSAND EIGHT HUNDRED SIXTY DOLLARS ($35,860.00) AND DECLARING AN EMERGENCY.

B. Brady MOVED; H. Strickler seconded to suspend the rules. Roll Call Vote 7 YEAS. MOTION CARRIED.

B. Brady MOVED; H. Strickler seconded to adopt this ordinance by emergency. Roll Call Vote 7 YEAS. MOTION CARRIED.

Tabled Ordinances:

Third Reading – Ordinance 2007-63: AN ORDINANCE AMENDING ORDINANCE 2007-10, ADOPTED MARCH 26, 007 TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES FOR THE CITY OF VERMILION, OHIO FOR THE FISCAL YEAR ENDING DECEMBER 31, 2007 AND DECLARING AN EMERGENCY. ($400.59 – moral claim).

Third Reading – Ordinance 2007-76: AN ORDINANCE AMENDING ORDINANCE 2001-31 ADOPTED JULY 16, 2001 TO ACCEPT THE MAJOR CHANGE TO THE FINAL PLANS KNOWN AS VERMILION SHORES DEVELOPMENT, WHICH WAS PREVIOUSLY REZONED TO A PLANNED UNIT DEVELOPMENT.

Third Reading – Ordinance 2007-100: AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH JOHNSON CONTROLS OF CLEVELAND, OHIO TO PROVIDE HOUSE BILL 300 PERFORMANCE CONTRACTING SERVICES TO THE CITY OF VERMILION AND DECLARING AN EMERGENCY.

Third Reading – Ordinance 2007-102: AN ORDINANCE ENACTING CHAPTER 1048 OF THE CODIFIED ORDINANCES OF THE CITY OF VERMILION ENTITLED “CONSTRUCTION SITE SOIL EROSION, SEDIMENT, STORM WATER RUNOFF AND STORM WATER QUALITY CONTROLS AND REGULATIONS” AND DECLARING AN EMERGENCY.

Tabled Ordinances – Continued:

Executive Session:

The members of the Vermilion City Council adjourned into executive session. The regular meeting reconvened and no action was taken.

ANNOUNCEMENT OF MEETING DATES:

- Monday, February 4, 2008 – Vermilion City Council Meeting – 7:00 p.m.

- Monday, February 11, 2008 – Health & Safety, Legislative; Finance Committee Meetings – 7:00 p.m.

- Tuesday, February 19, 2008 – Vermilion City Council Meeting – 7:00 p.m.

- Monday, February 25, 2008 – Utilities & Streets, Buildings & Grounds Committee Meetings – 7:00 p.m.

ADJOURNMENT:

No further business was conducted, therefore, F. Ostrander, President of Council adjourned the meeting.

Fred Ostrander, President of Council

Gwen Fisher, Certified Municipal Clerk

Note: Unofficial meeting minutes. Changes may be pending.

2/7/08

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