Minutes
December 14, 2000
PRESENT: Mayor Maxine Gilman; Council Members Vern Angerer, Jack Jensen, Linda Lotspaih, Donald Mounce and Jeff Sanner; City Manager G. Tracy Williams; Assistant City Manager David Watson; Law Director Patrick G. Carney; Finance Director Tom Reilly; Director of Planning and Economic Development David Humphreys and Assistant Clerk of Council Patricia L. Replogle.
EXCUSED: Deputy Mayor William Gordon.
The meeting was called to order by Mayor Gilman. Pastor Thomas Sager of New Hope Community Church gave the Invocation. The Pledge of Allegiance and Roll Call followed.
MINUTES
A motion was made by Mr. Sanner, seconded by Mr. Mounce, to approve the minutes of the regular meeting of November 28, 2000. A roll call vote was taken. All members present voted yes with the exception of Mr. Jensen who abstained. The motion carried.
PUBLIC HEARING
There were no Public Hearings.
COMMUNICATIONS AND PRESENTATIONS
RESOLUTION NO. 28-2000: WEST CARROLLTON 4TH GRADE BLACK
WEE PIRATES FOOTBALL TEAM
Resolution No. 28-2000 - A resolution recognizing the West Carrollton 4th Grade Black Wee Pirates Football Team for finishing in second place in the Western Ohio Junior Football Conference.
Mr. Mounce introduced and made a motion to approve Resolution No. 28-2000, seconded by Mrs. Lotspaih. All members present voted yes to a roll call vote and the motion carried.
Mayor Gilman read the resolution in its entirety and presented it to the team and their coaches. She said that this team brings honor to the City and the boys will learn things in football that can be used in life. The Coach said that they prepared hard for the tournament. They set goals and accomplished all but one of those goals. He said he feels that this is the best group of boys he has ever coached.
COMMENTS BY THE AUDIENCE
Carl Enterman, President of the Moraine-West Carrollton Little League, addressed Council. He wanted to let Council know how much the new lights at Weidner Field are appreciated. Mayor Gilman thanked him for all he does with the youth of our community.
UNFINISHED BUSINESS
ORDINANCE NO. 3170: OFF-STREET PARKING OF RECREATIONAL VEHICLES
Ordinance No. 3170 (second reading) - An ordinance amending Chapter 154 of the Code of Ordinances of West Carrollton known as the "Zoning Code", amending Section 154.184(A)(10) to prohibit the off-street parking of large recreational vehicles in required front yards and to require motorized vehicles located in side and rear yards to be on a paved surface in all residential districts beginning January 1, 2002.
Mayor Gilman noted that Mr. Gordon was not present at the meeting due to health reasons and recommended that the Ordinance be tabled. A motion was made by Mr. Mounce, seconded by Mr. Sanner, to table Ordinance No. 3170. All members voted yes to a roll call vote and the motion carried.
NEW BUSINESS
CONTRACT FOR LAW DIRECTOR SERVICES OF 2001
Mayor Gilman noted that the contract is the same as last year. Mr. Sanner made a motion, seconded by Mrs. Lotspaih, to authorize the City Manager to enter into a contract with Patrick G. Carney for attorney services as Law Director for the City. A roll call vote was taken, all members present voted yes and the motion carried.
CONTRACT FOR PAYMENT BY WEST CARROLLTON CITY SCHOOL DISTRICT
FOR LEGAL SERVICES RENDERED BY THE CITY LAW DIRECTOR
Mr. Jensen made a motion, seconded by Mr. Angerer, to authorize the City Manager to enter into the contract for payment by the West Carrollton City School District for legal services rendered by the City Law Director. A unanimous roll call vote carried the motion.
APPOINTMENT OF COUNCIL REPRESENTATIVES TO THE VOLUNTEER
FIREFIGHTER DEPENDENTS FUND BOARD FOR 2001
Mayor Gilman made a motion to appoint Mr. Jensen and Mr. Mounce as Council representatives to the Volunteer Firefighter Dependents Fund Board for 2001. Mr. Angerer seconded the motion. All members present voted yes to a roll call vote and the motion carried.
AGREEMENT WITH CITY OF MIAMISBURG FOR ANIMAL CONTROL SERVICES
Mayor Gilman said that this is an annual agreement. The city has been very pleased with the services; the officer has done an outstanding job. She noted that West Carrollton pays 40% of the costs and Miamisburg pays 60%. Mr. Mounce commended Mr. Williams on the hiring of such a fine officer.
Mr. Mounce made a motion, seconded by Mrs. Lotspaih, to authorize the City Manager to enter into a renewal agreement with the City of Miamisburg to provide animal control services. A unanimous roll call vote carried the motion.
2001 CONTRACT FOR PLANS EXAMINER SERVICES
Mayor Gilman noted that Mr. Wertz has provided many years of service to the City and the contract is the same as the previous year. Mr. Carney said that he had reviewed the original contact.
Mr. Jensen made a motion, seconded by Mr. Mounce, to authorize the City Manager to enter into a contract for professional services as plans examiner with Philip Wertz for the year 2001. A unanimous roll call vote carried the motion.
RENEWAL OF SERVICES OF CHIEF BUILDING OFFICIAL
Mr. Carney said that he has reviewed this contract. A motion was made by Mr. Mounce, seconded by Mrs. Lotspaih, to authorize the City Manager to renew the agreement for services of a Chief Building Official. A unanimous roll call vote carried the motion.
ORDINANCE NO. 3171: NEW INCOME TAX CHAPTER 94
Ordinance No. 3171 - An ordinance repealing Chapter 94 of the West Carrollton Codified Ordinances and enacting a new Chapter 94, "Income Tax", and declaring an emergency.
Mayor Gilman said that this ordinance will bring our tax regulations into compliance with the State law and must be in effect by January 1, 2001. Mr. Angerer asked if that is why it is being declared an emergency. Mr. Reilly said it is. Mr. Angerer asked why Mr. Reilly estimated a $15,000-$20,000 decrease in revenues as a result of the changes. Mr. Reilly said that, although the City is in compliance with the majority of the law, there are two major changes that will affect the revenues. One being the twelve day occasional entry provision and the $150.00 de minimus rule. Mr. Jensen said that every benefit listed appears to be in the taxpayer's interests; are there any that do not? Mr. Reilly said that there do not appear to be any and that this has been coming for awhile so none of the changes are too drastic. Mr. Williams noted that this ordinance and the State law are attempts to create more uniformity in area requirements.
Mr. Carney said that as a point of order, the ordinance could not be passed as an emergency until a specific emergency clause is added. He noted that the emergency notation in the heading is not enough and apologized to Mr. Reilly for not noticing the omission before. Mr. Carney noted that once that clause is added to the body of the ordinance, it could be passed at the next meeting on December 28th and would be effective by the January 1st required deadline.
The Mayor declared this the First Reading of Ordinance No. 3171.
REPORTS BY OFFICERS
Mr. Williams noted that the Parks and Recreation Department is completing its annual tree planting. He also noted that the upgrading of the street lights by Dayton Power and Light, which began in 1991, is in the final phase. He said the new 9500 lumen high pressure sodium lights make a big difference. He also congratulated Lew Goodman on his retirement from the Dayton-Montgomery County Library and wished him well. He also wished everyone a Merry Christmas.
Mr. Carney said that he had received a letter from the Census Bureau, U.S. Department of Commerce, expressing appreciation to the City for its help in the census. He wished the best to Mr. Gordon and a Merry Christmas to everyone.
Mr. Reilly wished everyone happy holidays.
UNSCHEDULED BUSINESS
COMMENTS BY THE AUDIENCE
There were no Comments by the Audience.
COMMENTS BY COUNCIL
Mr. Angerer told BJ to take care of Bill and wished him well.
Mr. Jensen said the holiday decorations are great.
Mrs. Lotspaih said Mr. Gordon has been missed at the meeting and wished him the best.
Mr. Mounce congratulated Mr. Goodman and the Wee Pirates.
Mr. Sanner said his thoughts are with Mr. Gordon.
All Council Members wished everyone a safe and happy holiday.
Mayor Gilman said everyone's thoughts and prayers are with Mr. Gordon. She thanked the students for coming. She also thanked Ron Ziemkowski on cameras and wished him and his family a good holiday.
RECESS
Mayor Gilman made a motion, seconded by Mr. Angerer, to recess to an Executive Session to discuss a real estate matter and a personnel matter. All members voted yes to a roll call vote and the motion carried.
Council recessed.
EXECUTIVE SESSION
City Council discussed a real estate matter. City Council discussed a personnel matter.
Mr. Mounce moved, and it was seconded by Mr. Jensen to reconvene into the regular session.
ADJOURNMENT
A motion was made to adjourn the meeting by Mr. Mounce, seconded by Mr. Jensen. All present voting in favor, the meeting was adjourned.
MAYOR CLERK OF COUNCIL