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Monroe Council Action Summary for October 25, 2011
Friday, November 04, 2011 4:44:28 PM - Monroe Ohio

by Angela Wasson


Pledge of Allegiance

Mayor Routson opened the meeting with the Pledge of Allegiance at 6:30 pm.
Roll Call


The following members of Council were present: Steve Black, Anna Hale, Todd Hickman, Robert Routson, Suzi Rubin, and Lora Stillman.
Staff members present: William J. Brock, City Manager/City Engineer
K. Philip Callahan, Law Director
Kevin Chesar, Director of Development
Frank Robinson, Police Lieutenant
Angela S. Wasson, Assistant to the City Manager/Clerk of Council

Visitors: Mr. and Mrs. Fred Swick, Gloria Hendrickson, Chie Yoshimura, Susan Wise, Jessie B. Hull, Billy R. Blain, Jr., John Wells, Elaine Garver, Rick Williams, Gene Williams, Justin McClelland, Jason Frentzel, Michael White, John Beagle, and Pete Dame.
Mrs. Hale moved to excuse Mr. Kelley; seconded by Mr. Black. Voice vote. Motion carried.

Approval of the Minutes
Mrs. Hale moved to approve the Council Minutes of October 11 and October 15, 2011 and the Public Works Committee Minutes of October 11, 2011. Voice vote. Motion carried.

Visitors
Gloria Hendrickson reminded Council of her previous request for a stop sign on East Avenue and advised she has not received a response to her request. Mr. Brock advised that Public Works reviewed the request and found that stop signs were not warranted. He has asked that they take a harder look at it and they are considering installing a cross walk in that, as well as on Sackett Drive. He will have them report the findings to Mrs. Hendrickson. Mrs. Hendrickson asked what happens to the concern when it is brought to Council. Mayor Routson advised that it sent to staff and reported back to Council.
Mrs. Hendrickson asked who is responsible for maintaining the ground around a fire hydrant. Mr. Brock advised that the property owner is responsible. Mrs. Hendrickson reported that she has tried to keep gravel around the hydrant, but there is no barrier to keep the gravel from falling down.

Mrs. Hendrickson expressed concern about the drainage at the corner of Elm Street and Old Street as the grate gets covered and cars end up driving through the water. Mayor Routson stated that Public Works will be requested to keep an eye on that.
Gene Williams and Rick Williams thanked City Council for the support of the Civil War Re-enactment held at the Community Park. Rick Williams commented that he has been in several states and he was very impressed with the enthusiasm in the City of Monroe. Gene Williams requested the same weekend next year for the same event hoping for Friday, Saturday, and Sunday. Mayor Rouston asked that he submit the request to the Park Board. Mr. Black thanked everyone involved in making the event successful.

Committee Reports
None.

Old Business
RESOLUTION NO. 50-2011. A RESOLUTION CONCURRING WITH THE APPOINTMENT OF THE CITY MANAGER AND DIRECTOR OF DEVELOPMENT, OR THEIR DESIGNEES, TO THE BUTLER COUNTY AND WARREN COUNTY TAX INCENTIVE REVIEW COUNCIL AS REQUIRED BY OHIO REVISED CODE SECTION 5709.85. (Second Reading)
Mrs. Hale moved to read Resolution No. 50-2011 by title only and consider this the second reading; seconded by Mrs. Stillman.

Voice vote. Motion carried.
The Clerk of Council read Resolution No. 50-2011 by title only.
Mrs. Hale moved to adopt Resolution No. 50-2011; seconded by Mrs. Rubin. Roll call vote: six ayes. Motion carried.

New Business
ORDINANCE NO. 2011-29. AN ORDINANCE SUPPLEMENTING THE BUSINESS REGULATION CODE OF THE CODIFIED ORDINANCES OF THE CITY OF MONROE TO ESTABLISH REGULATIONS FOR ENTERTAINMENT DEVICE ARCADES.
Mr. Brock stated that Council approved a moratorium to be put in place for what was termed as internet cafes to allow time to review other regulations put in place throughout the state. The legislation provided to Council is what another jurisdiction has put in place in the Business Regulation Code. It requires a license application through the Zoning Enforcement Officer, testing of the devices by a testing laboratory, $2,000 license fee annual and $200 for each device, and creates a commission to look at and respond to complaints. The commission will be the City Manager, Mayor, and Finance Director. The legislation also controls where they can go, hours of operation, no alcohol, and no minors.

Mr. Black pointed out that Section 862.05 mentions the revocation of license and a hearing, but he didn’t see any fees for the hearing itself. He asked if during the research it was found that other jurisdictions have included this. Mr. Chesar has not seen any indication of a fee for a hearing, but will look into it further. The majority of the legislation is copied from Summit County that has had some legal tests.

Mrs. Hale asked if Summit County is up and running with these devices and if they have caused problems. Mr. Chesar responded that northern Ohio has several and they are newer to the southern part of the state. The concerns are the increased number of police calls. Mr. Chesar announced that there is legislation at the state level introduced to control these types of businesses.
Mrs. Stillman asked if we charge a fee for other hearings. Mr. Brock replied that on some zoning requests we charge for the cost of notification and he is not aware of the costs associated in holding a hearing for this.

Mrs. Stillman requested that the words local time or eastern time be inserted when referencing the hours of operation. Mr. Callahan agreed that local time would be appropriate.

Mr. Callahan advised that changes in the legislation can be made by the next meeting.
Mrs. Hale moved to approve the first reading of Ordinance No. 2011-29 and have it read by title only; seconded by Mr. Black. Voice vote. Motion carried.

The Clerk of Council read Ordinance No. 2011-29 by title only.
Mrs. Hale moved to consider this the first reading of Ordinance No. 2011-29; seconded by Mrs. Rubin. Roll call vote: six ayes. Motion carried.

Mrs. Stillman asked when the moratorium expires. Mr. Chesar advised November 24, 2011.
EMERGENCY ORDINANCE NO. 2011-30. AN ORDINANCE LEVYING ASSESSMENTS FOR STREET LIGHTING AND LISTING REAL PROPERTIES TO BE ASSESSED LOCATED IN BUTLER COUNTY AND DECLARING AN EMERGENCY.

Mr. Brock reported that this will assess street lighting for Butler County and Duke Energy has helped to set up lighting districts in the communities.

Mrs. Hale moved to suspend the rule requiring the reading of Emergency Ordinance No. 2011-30 on two separate days, authorize its adoption on the first reading, and have it read by title only; seconded by Mrs. Stillman. Voice vote. Motion carried.
The Clerk of Council read Emergency Ordinance No. 2011-30 by title only.

Mrs. Hale moved to adopt Emergency Ordinance No. 2011-30; seconded by Mr. Hickman. Roll call vote: six ayes. Motion carried.
EMERGENCY RESOLUTION NO. 56-2011. A RESOLUTION ACCEPTING THE FACT FINDERS REPORT AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MONROE AND THE OHIO PATROLMEN’S BENEVOLENT ASSOCIATION (PATROL OFFICERS), AND DECLARING AN EMERGENCY.

Mr. Brock advised that this will accept the Fact Finders Report for the contract with the patrol officers and allow him to enter into a collective bargaining agreement with them. The substantive issues within the contract would allow for wages to be set at zero for the first and second years of the contract and allow for renegotiation of the wages in the third year of the contract. The members would be responsible for 14% of the health insurance benefits for the remainder of this year, 15% starting in June of next year, and 17% in June of the following year. Also allows for them to incur up to 50 hours of compensatory time in lieu of taking over time.
Mr. Black pointed out that the police and fire negotiations went very well and appreciates the sacrifices that have been made given the financial status of the City and the economy.

Mrs. Hale moved to suspend the rule requiring the reading of Emergency Resolution No. 56-2011 on two separate days, authorize its adoption on the first reading, and have it read by title only; seconded by Mrs. Rubin. Voice vote. Motion carried.
The Clerk of Council read Emergency Resolution No. 56-2011 by title only.

Mrs. Hale moved to adopt Emergency Resolution No. 56-2011; seconded by Mr. Black. Roll call vote: six ayes. Motion carried.
EMERGENCY RESOLUTION NO. 57-2011. A RESOLUTION ACCEPTING THE FACT FINDERS REPORT AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MONROE AND THE OHIO PATROLMEN’S BENEVOLENT ASSOCIATION (SERGEANTS), AND DECLARING AN EMERGENCY.

Mr. Brock commented that negotiations were also held with the sergeants and agreed to the same terms.
Mrs. Hale moved to suspend the rule requiring the reading of Emergency Resolution No. 57-2011 on two separate days, authorizing the adoption on the first reading, and have it read by title only; seconded by Mrs. Stillman. Voice vote. Motion carried.

The Clerk of Council read Emergency Resolution No. 57-2011 by title only.
Mrs. Hale moved to adopt Emergency Resolution No. 57-2011; seconded by Mr. Hickman. Roll call vote: six ayes. Motion carried.
EMERGENCY RESOLUTION NO. 58-2011. A RESOLUTION OPPOSING THE STATE OF OHIO OR ANY OTHER THIRD PARTY CENTRAL COLLECTION ENTITY FROM SEEKING TO TAKE CONTROL OF MUNICIPAL INCOME TAX COLLECTION AND DECLARING AN EMERGENCY.

Mr. Brock reported this particular piece of legislation was proposed by several Council members and it opposes the State of Ohio or any third party collection agency from taking over our income tax. We feel as does the Ohio Municipal League that this would not be beneficial to the City of Monroe and we are asking to pass as an emergency so we can send this along.

Mrs. Hale moved to suspend the rule requiring the reading of Emergency Resolution No. 58-2011 on two separate days, authorize its adoption on the first reading, and have it read by title only; seconded by Mrs. Stillman. Voice vote. Motion carried.
The Clerk of Council read Emergency Resolution No. 58-2011 by title only.

Mrs. Hale moved to adopt Emergency Resolution No. 58-2011; seconded by Mr. Black. Roll call vote: six ayes. Motion carried.
EMERGENCY RESOLUTION NO. 59-2011. A RESOLUTION APPROVING A THEN-AND-NOW CERTIFICATE IN THE AMOUNT OF $12,757.50 TO PILLAR VALUATION GROUP, INC. AND DECLARING AN EMERGENCY.

Mr. Brock this is required as the purchase order was not prepared prior to the services being performed.
Mr. Black asked why this is an emergency. Mr. Brock explained it is really just notification to Council that the expenditure has been made and it does not have to be an emergency.

Mrs. Hale moved to suspend the rule requiring the reading of Emergency Resolution No. 59-2011 on two separate days, authorize its adoption on the first reading, and have it read by title only; seconded by Mrs. Stillman. Voice vote. Motion carried.

The Clerk of Council read Emergency Resolution No. 59-2011 by title only.

Mrs. Hale moved to adopt Emergency Resolution No. 59-2011; seconded by Mr. Black. Roll call vote: five ayes; one nay (Hickman). Motion carried.

CONSIDERATION OF MOTION AUTHORIZING THE CITY MANAGER TO ADVERTISE FOR THE LEASE OF REAL PROPERTY FOR FARMING PURPOSES LOCATED AT THE REAR OF 6262 HAMILTON-MIDDLETOWN ROAD AND KNOWN AS PARCEL NO. C1800012000012.

Mr. Brock stated that this is located on State Route 4 behind the fire station and we have been approached to farm this property.
Mr. Black asked where it will be advertised. Mr. Brock replied that it will be in the Middletown Journal. Mr. Black asked if there is a set rate or it is just open. Mr. Brock stated it is open. Mrs. Hale asked when the bids have to be submitted? Mr. Brock responded that the date hasn’t been set yet.

Mrs. Hale moved to authorize the City Manager to advertise for the lease of real property for farming purposes located at the rear of 6262 Hamilton-Middletown Road and known as Parcel No. C1800012000012; seconded by Mrs. Rubin. Voice vote. Motion carried.

Administrative Reports
Mrs. Hale moved to adjourn into executive session to discuss pending litigation; seconded by Mr. Black. Roll call vote: six ayes. Motion carried.

Council adjourned into Executive Session at 7:05 pm.
Mrs. Hale moved to reconvene into regular session at 9:18 pm; seconded by Mr. Black. Voice vote. Motion carried.
Council reconvened into regular session at 9:18 pm.

Adjournment
Mrs. Hale moved to adjourn the regular meeting of Council; seconded by Mr. Black. Voice vote. Motion carried.
Council adjourned at 9:18 pm.

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