Description

NORTHWOOD CITY COUNCIL MEETING

Date

October 27, 2011

Location

 Council Chambers

DISCLAIMER - The following proceedings from the Regular City Council Meeting of October 27, 2011 have been submitted in draft form and have not been officially approved by City Council.  Corrections to the proceedings will be approved at the next Regular City council Meeting.  Should you need more information, please contact Clerk of Council Lynn Goertz at 419-690-1621 or e-mail her at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 

Time

Heading

Public Hearings prior to Council Meeting

7:31:24 PM

Call to Order Public Hearings:

The first of three public hearings for Thursday, October 27, 2011 was called to order by Mayor Mark A. Stoner at 7:31 p.m. in the Council Chambers of the Northwood Municipal Building.

7:31:37 PM

Roll Call:

The roll call for the public hearing was called by the Clerk of Council and those in attendance were:  Mayor Stoner; Council Members Kozina, Edwards, Hughes, Myers, Barton, Gallaher and Schimmel; City Attorney Ballenger, City Engineer Kuhn, City Administrator Recker and Clerk of Council Goertz. 

7:32:08 PM

Purpose of Public Hearing No. 1

Mayor Stoner stated that the purpose for the first public hearing which was scheduled by Council and advertised, was to receive the public’s input regarding a recommendation from the Northwood Planning Commission requesting the Northwood City Council to place a moratorium on borrow pits and pond permits until the Planning Commission has taken further action to establish better definitions and regulations on borrow pits and pond permits.  Mayor Stoner noted that the proceedings of the Planning Commission were attached to the public hearing agenda.

7:32:21 PM

Those speaking in favor:

Mayor Stoner asked if anyone wished to speak in favor three times.  No one appeared to speak in favor of a moratorium on borrow pits and pond permits in the City of Northwood.

7:32:42 PM

Those speaking in opposition:

Mr. Mike Pfieffer, representing ES Wagner Co., Toledo, Ohio, appeared before the Mayor and Members of Council to express opposition to a possible moratorium on borrow pits in the City of Northwood.

7:33:02 PM

Mr. Pfieffer provided handouts to accompany his presentation about borrow pits.  Mr. Pfieffer stated his company E.S. Wagner was in the process of bidding the Wales Road Grade Separation project with bids being due by December 1st of this year.  Mr. Pfieffer explained he was assigned with going out and finding dirt for the project which was illustrated in an aerial view of the land surrounding the Wales Road project that was distributed to Mayor, Council and staff.  The main concern is how will they get the dirt to build an embankment on the east side of the railroad tracks?  Mr. Pfieffer stated that there are approximately forty-eight (48) trains lasting about 8 minutes each and this is a lot of time that would delay the project.  Mr. Pfieffer provided the history of where he has looked for dirt within Northwood citing both the land owned by Mr. Brossie and land owned by the Simons.  He also met with Ms. Kimberly Grames to obtain clarification on the zoning of the land which is A-1 agricultural zoning.  Other agricultural property is located on the north side of Wales Road and owned by the Wieland’s.  Mr. Pfieffer stated they have secured an option of the rear of this property to be able to obtain dirt for the embankment needed on the east side of the Norfolk Southern tracks.  This is a $12 million project by ODOT and concerns are with the cost of getting dirt out of Waste Management and then sitting at three different crossings trying to complete construction; this could drive the costs up and exceed the engineer’s estimate for the project.   

7:38:22 PM

Council Discussion:

Mr. Pfieffer stated they have agreed to push the proposed borrow pit back 350 foot off of Wales Road.  There would be 3 to 1 slopes, grading, seeding and fencing to meet the zoning requirements currently in place for ponds.  A pond application was made which was denied and they have now submitted a conditional use permit application for the Planning Commission’s review.  Mr. Pfieffer stated h was fully aware that the contractor that builds this project cannot come in and dig a hole; the process involves a wetland permit, storm water prevention plan, grading, sloping and placement of an overflow pipe.  This process is regulated very well by ODOT.   A borrow pit could be used on the east side of the CSX tracks which will be city property that the city may wish to supply dirt from for a borrow pit.  Mr. Pfieffer stated they are trying to work with the City of Northwood and pointed out in the information packet he provided the section listing requirements of ODOT when developing a borrow pit.  Mr. Pfieffer stated that in other states where he has worked on projects with a borrow pit, he has been told it can be done as long as all ODOT regulations are followed.  The drawing provided illustrated the land on the east side of the CSX tracks from Drouillard Road which is approximately 20 acres.  Mr. Pfieffer concluded by stating he was in favor of not placing a moratorium on borrow pits in the City of Northwood.  Mr. Pfieffer stated they need to be able to know where the dirt will come from when bidding on the project.   Mr. Pfieffer stated be believed that E.S. Wagner’s proposition is a good one and that a borrow pit would be well maintained by Mr. Wagner who takes pride in his property and projects.  They would be seeking clay or dirt, not sand or gravel as stated in the code. 

City Engineer Kun confirmed for Councilman Gallaher that the Planning Commission wants to develop regulations.  Councilman Gallaher questioned how the city’s only borrow pit or pond has worked out.  City Engineer Kuhn stated there have not been any problems with Ranger Pond.  Borrow pits are permitted at this time conditionally by the Planning Commission.  City Engineer Kuhn confirmed that the conditional use permit application was on the upcoming Planning Commission’s meeting agenda for Monday, November 14, 2011.  Mayor Stoner asked who would maintain the borrow pit and how many would be needed. 

7:49:59 PM

Councilman Gallaher asked how much retention or detention is needed.  Mr. Pfieffer stated he would need an engineer to calculate this.  Councilman Barton confirmed that the borrow pit would be owned by E.S. Wagner and not deeded over to the city; owner would maintain.   

7:51:46 PM

Mr. Pfieffer stated that approximately 300 yards of dirt would be required and if the dirt is taken further west, trains would be a problem and could be a potential deal breaker.

7:54:05 PM

Speaking in Opposition to a Moratorium on Borrow Pits:

Mr. Cecil Adkins, resident of Walbridge, Ohio, appeared before the Mayor and Council to address concerns with the Wales Road project and spoke of the existing storm sewer on Drouillard Rd.; a 10 inch line that runs through this area.  The overflow pipe would take any water back into the streams.  Property on the east side of the CSX tracks with ditch on north side of Drouillard Road would need to have a larger pipe to care of any retention.  Mr. Adkins cited experience he had with the overpass on I-280 by his land in Walbridge.  He worked with county engineers on that project.  Mr. Adkins concluded by asking the Mayor and Council to look at the idea of a borrow pit where there is room, space and convenience.  Mr. Adkins asked why this matter did come up sooner; the project has been pending for over 12 years.  Mr. Adkins stated that the project is very important and this needs to happen. 

7:59:51 PM

There being no further business concerning the first public hearing,

8:00:03 PM

Public Hearing No. 1 Closed:

Mayor Stoner closed the first public hearing of Council for October 27, 2011 at 8:00 p.m.

8:00:06 PM

Call to Order -Public Hearing No. 2:

Mayor Stoner called the second public hearing of Council for October 27, 2011 at 8:00 p.m.

8:00:10 PM

Purpose of Hearing: Solar Panels

Mayor Stoner stated that the purpose for the scheduled and advertised second public hearing of Council was to receive public input on a recommendation from the Northwood Planning Commission for Council to review Section 1250.16 titled, Solar Panels for consideration and inclusion in the Northwood Planning & Zoning Code.  Also noted minutes of Planning Commission attached.

8:00:18 PM

Speaking in favor:

Mayor Stoner asked three times if there was anyone wishing to speak in favor.  No one appeared to speak in favor. 

8:01:13 PM

City Attorney Ballenger confirmed that no action is taken by Council during the public hearing. 

8:01:31 PM

Speaking in Opposition:

Mayor Stoner asked three times if anyone wished to speak in opposition.  No one appeared to speak in opposition of Section 1250.16.

8:01:41 PM

Closed:

There being no further business concerning the second public hearing, Mayor Stoner closed the second public hearing at 8:01 p.m.

8:01:44 PM

Call to order Public Hearing No. 3:

Mayor Stoner called the third and final public hearing of Council for October 27, 2011 at 8:10 p.m.

8:02:06 PM

Purpose of Hearing:  Storm Drainage Systems

Mayor stated that the purpose for the scheduled and advertised third public hearing of Council was to receive public input on a recommendation from the Northwood Planning Commission for Council to review Section 1250.17 titled, Storm Drainage Systems for consideration and inclusion in the Northwood Planning & Zoning Code.  Also noted minutes of Planning Commission attached. 

8:02:19 PM

Speaking in Favor:

Speaking in Opposition:

Mayor Stoner asked three times if there was anyone who wished to speak in favor.  No one spoke in favor.

Mayor Stoner asked three times if there was anyone who wished to speak in opposition.  No one spoke in opposition.

8:02:27 PM

Council Discussion:

Clarification from City Engineer:  Various aspects of storm drainage will be within the subdivision regulations of the Planning & Zoning Code to include down spouting.  New construction will have to adhere to the new regulations. 

8:04:00 PM

Councilman Gallaher stated that he believed to have one rule for drainage may not be feasible for every area of the city.  He would not want to see a one rule fits all to address older areas, newer areas and future development.  Mayor Stoner agreed that the city needs to take into consideration the zoning and size of lots in each area. Mayor Stoner stated that this section, if adopted, would not affect any existing property.   Councilman Schimmel asked if anyone could obtain a variance to the regulation.  Councilman Gallaher stated he did not want Council to make rules and then bend them; more time should be spent on the rules to fit the various needs of the different areas of the city. 

Record of Proceedings for City Council Meeting

8:18:54 PM

Call to Order Regular Council Meeting of October 27, 2011:

The regular meeting of the Northwood City Council was called to order by Mayor Mark A. Stoner on Thursday, October 27, 2011 at 8:18 p.m. in the Council Chambers of the Northwood Municipal Building.

8:18:57 PM

Pledge of Allegiance:

The Pledge of Allegiance was then given.

8:18:58 PM

Roll Call for Regular Council Meeting:

The roll was called by the Clerk of Council and those in attendance were:  Mayor Stoner; Council Members Kozina, Edwards, Hughes, Myers, Barton, Gallaher and Schimmel; City Attorney Ballenger, City Engineer Kuhn, City Administrator Recker, and Clerk of Council Goertz.

8:18:59 PM

Minutes for Approval:  October 13, 2011 – Regular Council Meeting:

A motion and second were made by Council Members Hughes and Edwards to approve the minutes from the regular Council meeting held on October 13, 2011, as submitted.  Council Vote:  All in favor.  Motion passed.

8:19:00 PM

Public Comment:

There was no public comment.

8:19:02 PM

Communications:

There were no communications.

8:19:04 PM

Economic Development:

No report.  No meeting scheduled. 

8:19:14 PM

Environmental/Solid Waste:

No report.

8:19:17 PM

Finance:

Councilman Myers reported on the Finance Committee Meeting held at 6:30 p.m. prior to the Council meeting and the 2012 operating budged was reviewed.  The next meeting will be scheduled as needed. 

8:19:34 PM

Recreation Board:

Councilwoman Hughes reported that the next Recreation Board Meeting would be held on Monday, November 14, 2011 at 7:00 p.m. in the conference room.   

8:19:42 PM

Safety:

Councilman Kozina reported on the Safety Committee Meeting held at 5:30 p.m. prior to Finance this evening:

8:20:04 PM

1.       Narrow Banding Update:  Chief Cairl presented updated information and the cost to narrow band the five sirens would be $6,450.00.  Narrow Banding licensing for Police and Fire would be $120.00 from Bender Communications with licensing by December 31, 2011.

2.       EMS Staffing Proposal:  Reviewed with Chief Whitmore and referred for further review by the Committee of the Whole scheduled for Thursday, November 10, 2011 at 7:00 p.m. in Council Chambers.

Note:  Police staffing will also be reviewed at Committee of the Whole meeting of 11/10/11

3.       Fire Marshal Grant:  The State of Ohio has a grant for eligible fire departments to reimburse for the prior year’s training expenses.  This grant covers the cost of certain expenses associated with certification classes, such as basic firefighter, firefighter I and firefighter II, and fire inspector.  This grant would cover the cost of the class and any books.  Grant period is from October 21, 2011 – January 31, 2012.  In 2011, the fire department paid for four recruits to obtain their Volunteer Firefighter 1A certification.

8:20:36 PM

Safety Committee recommendations to City Council for approval by motion:

8:23:20 PM

Recommendation for Narrow Banding:

Motion/Vote:

Recommendation for purchase of Narrow Banding for Fire and Police licenses from Bender Communications at the cost of $120.00 by December 31, 2011.

A motion and second were made by Council Members Kozina and Hughes to concur with the Safety committee’s recommendation to authorize the purchase of Narrow Banding for Fire and Police licenses from Bender Communications at a cost of $120.00 for licensing by December 31, 2011.

Council Vote:  All in favor.  Motion passed.

8:23:21 PM

Recommendation for Fire Marshal Grant:

Motion/Vote:

Recommendation to authorize the Fire Chief to apply for reimbursement for fire department training through the 2011 State of Ohio Fire Department Training Grant.  The grant would reimburse the city an estimated $1200.00 ($300.00 for each of the four firefighters trained).

A motion and second were made by Council Members Kozina and Barton to concur with the Safety committee’s recommendation.  Council Vote:  All in favor.  Motion passed.

8:23:22 PM

Service:

Councilman Barton reported that the next meeting would be as needed.

8:23:25 PM

Utilities:

No report.

8:23:37 PM

Pending Legislation:

All pending legislation was read aloud by number and title only by the Clerk of Council as follows:

8:23:40 PM

Ordinance

2011-28:

Adopted as an emergency after third reading on Oct. 27, 2011:

Ordinance 2011-28 authorizing the City Administrator and Chief of Police to enter into the Northwest Ohio Regional Law Enforcement Mutual Aid Agreement, and declaring an emergency.

Council action to date:  Second reading held on October 13, 2011.

Council motions as follows:

A motion and second were made by Council Members Hughes and Barton to adopt the emergency clause for

Ord. 2011-28.  Council Vote:  All in favor.  Motion passed.

Council Action for October 27, 2011:  Ordinance 2011-28 adopted as an emergency and effective immediately upon passage.

8:26:14 PM

Ordinance

2011-31:

Second reading held on Oct. 27, 2011:

Ordinance 2011-31 amending Ordinance No. 2010-13, providing for the salaries and compensations of the Mayor and Elected Officials of the City of Northwood, Ohio.

Council action to date:  First reading held on October 13, 2011.

Council action for October 27, 2011:  Second reading of Ordinance 2011-31.

8:26:16 PM

New Legislation:

All new legislation was read aloud by number and title only, by the Clerk of Council as follows:

8:26:17 PM

Resolution 2011-6:

Resolution opposing any action by the Ohio Governor or General Assembly to take control of local income tax collection and/or administration away from municipalities and centralize such control within a state agency or third party entity. 

Council motions as follows:

A motion and second were made by Council Members Gallaher and Hughes to suspend the three reading rule for Resolution 2011-6.  Council Vote:  All in favor.  Motion passed.

A motion and second were made by Council Members Gallaher and Hughes to adopt the emergency clause for Resolution 2011-6.  Council Vote:  All in favor.  Motion passed.

A motion and second were made by Council Members Gallaher and Hughes to adopt Resolution 2011-6.  Council Vote:  All in favor.  Motion passed.

Council action for October 27, 2011:  Resolution 2011-6 adopted as an emergency and effective immediately upon passage.

8:28:20 PM

Legislation concluded.

Legislation concluded.

8:28:28 PM

Mayor's Report:

Mayor Stoner gave the following report:

8:28:35 PM

Police Personnel Information:

Captain Trent Schroeder is resigning from his commission with the Northwood Police Department to take a position with the City of Oregon Municipal Court.  Captain Schroeder’s last day of employment with the City of Northwood will be October 31, 2011.  An invitation for a reception for Captain Schroeder has been distributed.

8:28:58 PM

Captain Trent Schroeder:

Twenty Years of Service

Captain Trent Schroeder spoke before the Mayor and Council to express his thanks to all who he has worked with over the past 20 years of his career in law enforcement with the City of Northwood.  Trent stated it had been a very difficult decision to leave the police department and spoke of going through both good and bad times; from working on a cold case investigation to the recent apprehension of bank robbers in the City of Northwood.  He reflected on his years with the Northwood Police Department and paid compliments to many associates, most especially, his fellow officers and dispatchers who he could always rely on during his time on the Northwood Police Force.  Trent stated he was very much a part of this community and even though he was pursuing a new job, he would not be far away.   

8:31:10 PM

Spirit Award for Ptl. Fred Genzman:

Patrolman Frederick Genzman received a Spirit of Prevention Award from the Wood County Educational Service Center.  Patrolman Genzman was nominated by the Northwood Police Department for his due diligence in his pursuit of arresting impaired drivers.  Since the year 2009, Patrolman Genzman has arrested a total of 54 impaired driver

8:31:34 PM

Red Ribbon Week

Red Ribbon Week:  As reported recently in the Bowling Green Sentinel-Tribune, the Northwood Local School District will kick off Red Ribbon Week with an emphasis on the “New Cool”.  There will be various classroom projects beginning Monday, October 24, 2011 and will continue throughout the week.  Red Ribbon Week will end with a community tailgate at the Northwood vs. Cardinal Stritch football game beginning at 5:30 p.m. 

8:32:11 PM

Trick-or-Treat Night in Northwood:

Mayor reminded all that Trick or Treat Night in Northwood would be Monday, October 31, 2011 from 6:00 p.m. to 7:30 p.m. 

8:32:15 PM

City Administrator’s Report:

City Administrator Recker gave the following report:

-          Notice received from the Ohio Department of Liquor control that an application has been submitted for a C-1 or C-2 liquor license which would be a transfer at the Sunoco location on Wales Road.  The Chief of Police has reviewed this permit application and does not recommend a hearing on this license transaction.

8:33:23 PM

-          Recommendation to Council to authorize applying for a Baseball Tomorrow Grant through Major League Baseball for ball field lighting.  This grant has been requested by the Recreation Board and the grant will likely require a city share as the average grant amount awarded is less than half the estimated cost of the lighting which could make the city’s share at or about $57,000.00.

8:34:45 PM

Council Motion/Vote: Re:  Grant for Ball Field Lighting:

A motion and second were made by Council Members Gallaher and Myers to concur with the

City Administrator’s recommendation.  Council Vote:  6 yes votes/ 1 no vote (Schimmel) Motion passed.

8:34:49 PM

3.  Informational Meeting to be scheduled with ODOT for Council Members:

Councilman Kozina stated he would like more information from ODOT.    Councilman Barton stated that in light of topics brought up earlier this evening relating to the Wales Road Overpass Project and the fact that the City of Northwood officials have not had discussion with ODOT for many years, he would like Mayor and Council to be provided with a project status report. 

City Administrator Recker was asked to schedule a meeting with ODOT officials by the end of December 2011...

8:36:27 PM

Leaf Collection:

City Administrator Recker advised of some delays with the annual leaf pick up in the city; however; the leaf collection will resume Friday, October 28^th. 

8:36:45 PM

City Attorney’s Report:

City Attorney Ballenger notified the Mayor and Council of his receipt of a land forfeiture notification from the Wood County Clerk for property located at 333 Florence Ave., Northwood, Ohio.  City Attorney stated the property should be viewed by himself and the City Administrator.  A motion of Council would allow him to proceed on this matter.  City Attorney advised that the city has only 10 days to proceed with this offer.  The land can be offered to the city or the schools.  The property consists of two (2) lots.

8:38:15 PM

Council Discussion:

Council Discussion:  Councilman Gallaher stated he could see no downside to allowing the City Attorney to proceed with the process for this property; either way, the city will have to maintain it. 

8:40:00 PM

Council Motion/Vote: 

A motion and second were made by Council Members Hughes and Barton to concur with the City Administrator’s recommendation to have the City Administrator and the City Attorney review property at 333 Florence Ave., Northwood, Ohio.  Council Vote:  All in favor.  Motion passed.

8:40:25 PM

City Engineer:

No report.

8:40:27 PM

Persons Appearing:

8:40:32 PM

John Melnyk, 175 W. Andrus Rd., Northwood, Ohio:

Mr. John Melnyk, 175 W. Andrus Rd., Northwood, Ohio, appeared before the Mayor and Council to advise that the Government Food Program sponsored each month by the City of Northwood is in need of donations for the food distribution.  The need continues to grow and there are now 48 families who receive the surplus food.  The food bank is providing less and less.  Mr. Melnyk urged everyone to donate for the upcoming holiday season.   

8:41:22 PM

Adjournment:

There being no further business before the Mayor and Council and all being in favor, the meeting was adjourned at 8:41 p.m.

8:41:26 PM

Attest:

Lynn E. Goertz, Clerk of Council

8:41:28 PM

Approved:

Mark A. Stoner, Mayor