City Council Minutes

5-28-19

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
MAY 28, 2019
President McMaster determined the presence of a quorum.

Council met in regular session in the Charles D. Beard Community Room of the Municipal Annex at 7:00 p.m. and opened with the Pledge of Allegiance.

President McMaster called for a motion to correct or amend the Index minutes of May 7, & May 14, 2019, in hearing none, Index minutes are approved as written.

STUDY SESSION: Council Rule 12.3 allows President McMaster to direct an item of business to be moved up
(1:28-47:23)
Enterprise Fleet Management, Carl Cultrona & John Gorman – Discuss a Comprehensive Fleet Management Program for our light and medium duty vehicles (Presentation is attached to the original minutes)

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL:
(47:57-1:00:10)
Kirstie Mack, Executive Director DDVB – Discuss upcoming Summer Activities and handed out information on Chautauqua (information is on-hand with Council Clerk)

PUBLIC HEARING: NONE

COMMITTEE MEETING OR REPORTS:
(1:00:17-1:02:57)
There was a Sewer Meeting at 6:00 on an update on the Long-Term Control Plant (LTCP), Mr. Lundberg gave a report on this meeting

COUNCIL COMMENTS:
(1:03:06-1:04:52)
Mrs. Krutsch gave an update on the DCCC Programs

Mr. Waxler noted there are signs in the biker’s path on the 424 Project

Mr. Hancock asked if the Nuisance Inspector notifies the person before putting a nuisance sign in the yard

PRESIDENT OF COUNCIL REPORT/CONCERNS: NONE

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(1:04:57-1:07:30)
Mayor McCann thanked those who helped and attended the Memorial Day Event

Rev. Plant noted the mosquito spraying for the City starts this coming Sunday

City Administrator Leonard reported as follows: NONE

City Law Director O’Donnell reported as follows:
(1:07:32-1:09:16)
Mr. O’Donnell understands the it has been hard mowing with the amount of rain the City has had, however the City needs to keep up the momentum on the Nuisance Code Enforcement

Finance Director Lehner reported as follows: NONE
LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING: NONE

SECOND READING:
(1:09:27-1:11:47)
AN ORDINANCE AUTHORIZING A PROFESSIONAL SERVICES CONTRACT FOR THE DESIGN OF EMERGENCY REPAIRS TO THE WATER TREATMENT PLANT SLOPE AND DECLARING AN EMERGENCY

Design for a slope repair at the WTP

Mr. Eureste made the motion to suspend and call for the question: seconded by Rev. Plant: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mr. Engel made the motion to adopt the Ordinance; seconded by Mr. Waxler: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8129

(1:11:49-1:17:19)
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT FOR A NEWBORN SAFETY DEVICE AND DECLARING AN EMERGENCY

A lease agreement with Haven Baby Boxes Inc.; installation of a newborn safety advice at the Fire Station

Mr. Eureste made the motion to suspend and call for the question: seconded by Mrs. Krutsch: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mr. Hancock made the motion to adopt the Ordinance; seconded by Mr. Lundberg: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8130

(1:17:23-1:19:28)
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO MAKE APPLICATION TO THE WATER POLLUTION CONTROL LOAN FUND FOR SEWER SYSTEM IMPROVEMENTS AT RALSTON AVENUE AND ELBERT STREET AND HILTON STREET AND CARTER AVENUE, AND TO ENTER INTO AN AGREEMENT TO SECURE THOSE FUNDS, AND DECLARING AN EMERGENCY

Authorizes an application to the WPCL Fund, for the Sewer System Improvements

Mr. Waxler made the motion to suspend and call for the question: seconded by Mr. Lundberg: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Rev. Plant made the motion to adopt the Ordinance; seconded by Mr. Waxler: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8131

(1:19:33-1:23:53)
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO MAKE APPLICATION TO THE WATER POLLUTION CONTROL LOAN FUND FOR ULTRAVIOLET DISINFECTION IMPROVEMENTS TO THE WATER POLLUTION CONTROL FACILITY AND DECLARING AN EMERGENCY

Authorizes an application to the WPCL Fund to assist in the installation of Ultraviolet Disinfection Improvements. Mr. O’Donnell recommends that Council Amends the Ordinance; zero percent interest to standard interest rate

Mr. Lundberg made the motion to strike the words zero percent interest and add the words OEPA standard interest rate in place of the Second Where As Clause of the proposed Ordinance, so as to read Where As the Ohio Environmental Protection Agency (OEPA) designated this project as WPCLF at the OEPA Standard Interest Rate : seconded by Mr. Hancock: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried, this Ordinance will come back as a Second Amended Reading

FIRST READING:
(1:24:02-1:30:39)
AN ORDINANCE AUTHORIZING A LEASE AGREEMENT FOR A SLUDGE PRESS AND DECLARING AN EMERGENCY

Lease Agreement for a sludge press for the WPC Plant

Mr. Lundberg made the motion to suspend and call for the question: seconded by Mr. Waxler: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mrs. Krutsch made the motion to adopt the Ordinance; seconded by Mr. Engel: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8132

(1:30:46-1:32:49)
AN ORDINANCE AMENDING ORDINANCE NO. 8086 PASSED DECEMBER 11, 2018 TO MAKE APPROPRIATIONS FOR CURRENT EXPENSES AND OTHER EXPENDITURES OF THE CITY OF DEFIANCE, OHIO, DURING THE PERIOD OF JANUARY 1, 2019 THROUGH DECEMBER 31, 2019

Appropriation Ordinance

Mr. Waxler made the motion to suspend and call for the question: seconded by Mr. Engel: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Rev. Plant made the motion to adopt the Ordinance; seconded by Mr. Lundberg: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8133

CITIZEN CONCERNS:
(1:33:26-1:38:11)
Ron Posey 1917 Darbyshire had several comments; thanked Council for passing the Baby Safety Device, Streets need repair, handicap people need assistants from the City, many nuisance issues, however no signs posted and questioned if another cable company could be provided to Defiance

Ann Gump 309 Williams St. invited everyone to the Relay for Life Event

Motion made by Rev. Plant; Mr. Lundberg seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 8:39 p.m.

OFFICIAL MINUTES DVD: May 28, 2019; 1 hr. 38:37 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: , 2019

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

6-4-19

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
JUNE 4, 2019
President McMaster determined the presence of a quorum.

President McMaster called for a Motion to excuse Mr. Lundberg moved by Rev. Plant, seconded by Mr. Hancock, Voice Vote, Motion Carried.

Council met in regular session in the Charles D. Beard Community Room of the Municipal Annex at 7:00 p.m. and opened with the Pledge of Allegiance.

President McMaster called for a motion to correct or amend the Index minutes of May 28, 2019, in hearing none, Index minutes are approved as written.

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL: NONE

PUBLIC HEARING: NONE

COMMITTEE MEETING OR REPORTS:

COUNCIL COMMENTS:
(2:29-46:18)
Mr. Eureste started the sidewalk discussion; access sights, sidewalk maintenance, mandatory sidewalks and overlay district for the community. Mr. Eureste main concern is the narrow sidewalk along S. Clinton St., between Bassard Dr. and Power Dam Rd., which gives access to the Splash Pad and the sidewalk is a “big safety hazard”. Mr. Leonard is waiting on the outcome of the MVPO survey; Active Transportation Plan” – human powered transportation that engages people in healthy, physical activity while they travel from place to place. Mrs. Krutsch noted S. Clinton from Power Dam Rd. the sidewalks are being covered by the snow plows in the winter, in which makes it harder for the residents to shovel their sidewalks.

Rev. Plant suggest having a Street & Sidewalk meeting monthly and not wait till the Survey is completed in September. The request for funding will might be past, proposed budgets will have been started. Also, Rev. Plant noted years ago there was suppose to be a list of sidewalks that needed repaired, do we have that list?

Mayor McCann agrees with what is being said, but if Council wants to build a sidewalk from Bassard to Power Dam Rd., how do we pay for it? Mr. Eureste, is that is what we want to do and it is a priority, then discussion on methods to fund it. Mr. Lehner noted there has been a number of sidewalk improvements, when the funding is available. If the funding isn’t available, then is sidewalks a priority and if so, the funding can be available, but there will be a sacrifice in the budget for something else.

Mr. Leonard noted in he terms of an Overlay; he had a conversation with Mrs. Sprow – City Engineer and she felt strongly about the gateways being addressed first. When talking about sidewalks, Mr. Leonard noted, we should be talking about overlays and gateways as well.

Mr. Waxler noted Main St. has concrete broken up on the road, Mayor is aware of it

Mr. Engel asked if there has been anymore talk about the lease management with the city vehicles. Mr. Waxler asked if any other companies besides Enterprise that does this

Mayor McCann asked to find out: 1. Other companies 2. Accessories with the vehicles 3. Calculate what it would cost (if this doesn’t work out), to get out of the lease

Mrs. Krutsch stated school kids are out, please be careful and go the speed limit

PRESIDENT OF COUNCIL REPORT/CONCERNS:
(46:20-46:53)
Clerk Elders noted Roger Fisher would like to present an DCCC update next Tuesday

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(47:03-50:50)
Mayor McCann noted there is a complaint about those who do not clean up after their dogs at Riverside Park

City Administrator Leonard reported as follows: NONE

City Law Director O’Donnell reported as follows:
(50:58-57:16)
Mr. O’Donnell gave an update on the Charter Review Committee Meeting. Next meeting is June 18

Finance Director Lehner reported as follows:
(57:20-1:14:00)
Gave an update on the audio/video equipment in Council Chambers
Mr. Lehner noted Council will see legislation on a $15,000+ permit fee. Mr. Engel suggest the threshold for Council approval should be raised to $25,000

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING: NONE

SECOND AMENDED READING:
(1:14:06-1:17:56)
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO MAKE APPLICATION TO THE WATER POLLUTION CONTROL LOAN FUND FOR ULTRAVIOLET DISINFECTION IMPROVEMENTS TO THE WATER POLLUTION CONTROL FACILITY AND DECLARING AN EMERGENCY

Ultraviolet Disinfection Improvements

Mr. Waxler made the motion to suspend and call for the question: seconded by Mr. Hancock: Roll Call Vote: Lundberg – absent; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mr. Engel made the motion to adopt the Ordinance; seconded by Mrs. Krutsch: Roll Call Vote: Lundberg – absent; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8134

FIRST READING:
(1:17:58-1:22:00)
AN ORDINANCE AUTHORIZING THE ENGAGEMENT OF LOUIS L. MCMAHON, ESQ. AS SPECIAL COUNSEL FOR ENVIRONMENTAL COMPLIANCE

Employing attorney Louis McMahon as legal counsel in negotiating LTCP with EPA

Rev. Plant made the motion to suspend and call for the question: seconded by Mr. Waxler: Roll Call Vote: Lundberg – absent; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mr. Waxler made the motion to adopt the Ordinance; seconded by Mrs. Krutsch: Roll Call Vote: Lundberg – absent; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8135

CITIZEN CONCERNS:
(1:22:11-1:34:00)
Ron Posey 1917 Darbyshire, said needs are more important than wants, also upset with this TV Company

Joshua Earl 103 Timothy St. express concern about the city water and the notices the city residents receive

STUDY SESSION: NONE

Motion made by Mr. Engel; Rev. Plant seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 8:35 p.m.

OFFICIAL MINUTES DVD: June 4, 2019; 1 hr. 34:15 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: , 2019

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

6-11-19

INDEX FOR THE
DEFIANCE CITY COUNCIL MINUTES
JUNE 11, 2019
President McMaster determined the presence of a quorum.

Council met in regular session in the Charles D. Beard Community Room of the Municipal Annex at 7:00 p.m. and opened with the Pledge of Allegiance.

President McMaster called for a motion to correct or amend the Index minutes of June 4, 2019, in hearing none, Index minutes are approved as written.

INTRODUCTION OF PERSONS/SPECIAL GUESTS APPEARING BEFORE COUNCIL:
(1:49-12:06)
Roger Fisher, DCCC update on Performance Series (pamphlet on file with Clerk) and equipment with DCCC infrastructure

PUBLIC HEARING: NONE

COMMITTEE MEETING OR REPORTS:
(12:28-14:18)
Clerk Elders noted there will be a Public Hearing, June 25
Mr. Hancock called for Streets & Sidewalk Meeting, July 9 at 7:00; Street, Sidewalk and Alleys, Mrs. Krutsch will be absent July 9

COUNCIL COMMENTS:
(14:20-22:08)
Mr. Waxler asked if there is a violation nuisance on bushes? 1021 Wilhelm has property issues, as well as a trailer on Rulf St. Also, Mr. Waxler noted the Car Show Friday was very nice event

Rev. Plant noted the Chautauqua was a great event, also mention the Ohio Women’s Open Golf Tournament

Mrs. Krutsch noted the first Music in the Parks was very well attended

PRESIDENT OF COUNCIL REPORT/CONCERNS: NONE

REPORTS OF ADMINISTRATIVE OFFICERS:

Mayor McCann reported as follows:
(22:16-41:06)
Nice Article in the paper, President McMaster
Discussion on sidewalks; sidewalk analysis (handout with minutes)

City Administrator Leonard reported as follows:
(41:09-45:07)
Connectivity issue is a layer in the community we all should be concerned about
Contract Negotiations have begun with AFSCME Union

City Law Director O’Donnell reported as follows:
(45:09-47:10)
Sidewalk Assessments, can be spread out over 10-years, according to the City Code

Mr. O’Donnell called for Executive Session on Pending Litigation 121.22 (G)(3). Motion for an Executive Session was made by Mr. Hancock and seconded by Rev. Plant, Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Eureste – yes; Krutsch- yes; Waxler – yes; Plant – yes, Motion Carried.

Finance Director Lehner reported as follows:
(47:13-1:00:23)
Follow up on the Enterprise Fleet Management

Motion was made by Mr. Engel and seconded by Mr. Eureste, to bring Legislation allowing the City to lease vehicles from Enterprise Fleet Management Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Eureste – yes; Krutsch – yes; Waxler – yes; Plant – yes, Motion Carried.

Mr. Lundberg asked if Council Rules will need to change, because the Crescent News publication dates are changing

LEGISLATIVE ACTION ON ORDINANCES AND RESOLUTIONS:

THIRD READING: NONE

SECOND READING: NONE

FIRST READING:
(1:00:34-1:04:14)
AN ORDINANCE AUTHORIZING A CONTRACT TO CONSTRUCT DOWNTOWN ALLEY IMPROVEMENTS AND DECLARING AN EMERGENCY

Improvement of downtown alleys by J&N Builders; cost $25,064.10

Mrs. Krutsch made the motion to suspend and call for the question: seconded by Rev. Plant: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Mr. Lundberg made the motion to adopt the Ordinance; seconded by Mr. Hancock: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8136

(1:04:17-1:04:14)
AN ORDINANCE AUTHORIZING PAYMENT FOR THE ULTRAVIOLET DISINFECTION SYSTEM PERMIT TO INSTALL AND DECLARING AN EMERGENCY

Permit payment of $15,100 to the OEPA

Mr. Engel asked if the BOC discussed the $15,000.00 threshold

Mr. Waxler made the motion to suspend and call for the question: seconded by Mr. Eureste: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock- yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried.

Rev. Plant made the motion to adopt the Ordinance; seconded by Mr. Engel: Roll Call Vote: Lundberg – yes; Engel – yes; Hancock – yes; Krutsch – yes; Waxler – yes; Eureste – yes; Plant – yes, the Motion was carried. President McMaster declared the Ordinance adopted and it became Ordinance No. 8137

CITIZEN CONCERNS: NONE
(1:15:31-1:23:56)
Ron Posey 1917 Darbyshire, asked who is responsible if there is a nuisance sign, where there is a realtor sign on the property. Noted, insurance is cheaper using lease company’s insurance

Joshua Earl, 103 Timothy St. suggest the City use drones to take inventory on the street conditions

STUDY SESSION: NONE

Council then went into Executive Session concerning Pending Litigation, 121.22 (G)(3) at 8:27 p.m., President McMaster called for a motion to adjourn the Executive Session, at 8:32 p.m., Mr. Lundberg moved and Mr. Hancock seconded; Voice vote, Motion carried.

Motion made by Mr. Lundberg; Rev. Plant seconded that the meeting be adjourned; on Voice Vote the meeting was adjourned at 8:32 p.m.

OFFICIAL MINUTES DVD: June 11, 2019; 1 hr. 24:32 minutes

Respectfully submitted,
Lisa Elders
Defiance City Council Clerk

Approval of Index Minutes: , 2019

Attest: , President David McMaster

Attest: , Clerk, Lisa Elders

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