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LEGISLATIVE COMMITTEE MINUTES
APRIL 14, 2008
Municipal Council of the City of Vermilion
Municipal Complex, 685 Decatur Street, Vermilion, Ohio 44089
In Attendance: S. Holovacs, F. Ostrander, B. Brady, M. Rossini, H. Strickler, D. Roth, J. Gabriel, G. Fisher, Mayor Anderson, D. Squires, C. Schmidt, B. Kish, W. Hamilton
Call to Order: J. Gabriel, Chairperson, RESOLVED THAT this Legislative Committee comprised of H. Strickler, Vice (F. Ostrander filled in), and Barb Brady, Member does come to order.
Executive Session:
H. Strickler MOVED; B. Brady seconded to adjourn into executive session to discuss pending litigation. Roll Call Vote 3 YEAS. MOTION CARRIED.
H. Strickler MOVED; B. Brady seconded to adjourn into executive session to discuss pending litigation. Roll Call Vote 3 YEAS. MOTION CARRIED.TOPIC ONE: Review of Ordinance 2008-18
It was noted that the finance director would like to amend this ordinance to have council review this ordinance in October of each calendar year instead of February as currently written.
B. Brady MOVED; J. Gabriel seconded to recommend to Council to amend Ordinance 2008-18 to change council’s review of the ordinance to October of each calendar year. Vote 3 YEAS. MOTION CARRIED.
TOPIC TWO: Review of Ordinance 2008-20
B. Brady said she would like this ordinance reviewed bi-annually so that the administrative overhead is covered. She thought the garbage contract was bi-annual. D. Squires said it is a five-year contract. B. Brady said she would like to review it at some regular interval. J. Gabriel suggested amending the ordinance to say that it will be reviewed at each contract signing.
B. Sasala pointed out that this really doesn’t have anything to do with the contract but instead with the cost of the administration in the utility department. He said that the Allied Waste contract is a separate issue and the sixty cents is an internal issue.
S. Holovacs suggested reviewing this ordinance the same time they review the water and sewer rates which is February.
B. Brady MOVED; J. Gabriel seconded to recommend to council to amend Ordinance 2008-20 to say that council will review this ordinance in February of each calendar year. Vote 3 YEAS. MOTION CARRIED.
TOPIC THREE: Review of Ordinance 2008-27
J. Gabriel stated that his big issue with this ordinance is item (g) that says that the city will provide all required labor for replacing the culvert pipes. He was still of the opinion that even if they are responsible and if they want the city to do it so it’s right, he still doesn’t prefer that the city provides the labor for free.
B. Brady said this is part of what the storm water fee is meant to do. J. Gabriel asked, “Replace people’s personal culverts?” B. Brady said to maintain the ditches and the culverts are part of the ditches.
S. Holovacs isn’t saying they should take it out of the storm water fund but if people don’t take care of things or have proper coverage over a culvert pipe it’s not going to last. He said they can replace a culvert but if the property owners don’t clean their ditches or keep the debris out and it plugs it, then it's the city’s responsibility to pay for it.
F. Ostrander said for $3 a month the property owners are still spending something and he believes with the storm water ordinance they would be getting a 90 percent credit for doing something. He said if this is what it takes to get the right pipe into the ground and to get some of these jobs fixed, then he would rather spend the money and fix them. He agreed that he doesn’t like to spend money in somebody’s yard but the resident’s are paying $3 a month and he thought it was a good use for this money.
B. Brady had concerns with item (h) and how they are billing this. She said in the ordinance it’s defined to put the costs on the property owner’s utility bill to be paid in full within 12 months from day of completion. She asked if this is binding if the home is sold or the water is turned off, or would it be just better to assess the costs. D. Squires said it was a suggestion on how to be creative with financing the project. As far as collecting, if the property does transfer there is always a final water read so it will be taken out of proceeds. B. Brady asked if garbage collection on the water bill is collectable at transfer. D. Squires said he can’t speak on sewer or garbage collection but could get her this answer.
D. Squires asked council to consider putting the costs on the utility bill at 12 monthly payments. F. Ostrander said that they can discuss this again in two weeks in Utilities. J. Gabriel said he is in the minority so they can move this right at long. D. Squires said he would like to get moving with these projects. F. Ostrander said he is in favor of fixing the culvert pipes but is not in favor of filling in ditches.
TOPIC FOUR: Review of Ordinance 2008-28
J. Gabriel said he would like to see some wording added because the language is kind of open-ended to where they could have every homeowner putting in these clean outs. He would like it to be specific to require clean outs in only the areas where problems are detected. He didn’t want to scare the public into thinking that clean outs are coming whether they’re broken or not. B. Brady said she thinks they’re coming. J. Gabriel said if somebody doesn’t have a problem then they shouldn’t be coming. He said if they are smoke tested and there is no smoke coming out of the property then why would they force property owners into putting in a clean out. D. Squires said because in the future as far as backups, when you have your clean out you can take the lid off and if there is water or sewage in the pipe it’s the city’s responsibility. If it’s dry, it’s the homeowner’s responsibility so it’s a very quick way to determine where the problem is. J. Gabriel asked if they are talking about having all homeowners put these clean outs in. D. Squires said not initially but believes moving forward at some point is an established line of demarcation and since the VOL overflow project is the first project, then obviously those will occur first.
J. Gabriel said he understands the issue but doesn’t see them requiring people without issues to do this and he would like to see the language clearly reflect this. B. Brady said in the ordinance it does say that it shall be a sewer lateral that has been in service in which the property and its owner/tenant is an established customer. She thought this gives the city room that if a property changes hands it gives the city the right to put in a clean out in, which is a logical place and time for that to happen. J. Gabriel said why should they force somebody to put clean outs in when they don’t have a problem. He said he is all for correcting problems but to just make everybody to put clean outs in for convenience. B. Brady said it helps in both directions and if she has a plug she has a way to clean out her side of it also which is also an advantage to her. B. Brady felt this should be at the homeowner’s expense.
B. Brady said she didn’t understand #2 on the test descriptions where it says you install a lateral push plug at the city approved clean out towards the sewer main; expand the plug sealing off the pipe at the down stream side and fill the lateral with dyed water. Observe at the downstream manhole if dyed water is leaking past the plug. S. Holovacs said it’s just looking for a break in the line because if it’s broke it’s not going to come through the plug you put in, but will come around it, and ends up at the same place where you’re at.
B. Brady said if the city owns the clean out does this mean that every time she hits it with her lawnmower will they have to come out and replace that cap. J. Gabriel said he would like to see the city say that only when a problem is discovered do they go through this process. He said to force people to put in a clean out or additional clean out in that doesn’t have problems seems a little excessive.
D. Squires asked the committee to put their comments in an e-mail to him.
No further discussion came before the committee and the meeting was adjourned by Chairman Gabriel.
Next Meeting: May 12, 2008 at 7:00 p.m.
Note: Unofficial meeting minutes. Changes may be pending. Minutes are verbatim.
4/18/08
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