Work Session 6:00 p.m. Council Chambers Re: Report on the ...destinyhosted.com/oberldocs/2014/CCREG/20141215_486...Dec 15, 2014 · Work Session– 6:00 p.m. – Council Chambers

Oberlin City Council Regular City Council Minutes December 15, 2014

City of Oberlin 1 Printed on 4/13/2015

Work Session– 6:00 p.m. – Council Chambers

Re: Report on the Greenhouse Gas Inventory and an Update on the Climate Action Plan

Minutes of the Regular City Council Meeting

Held on Monday, December 15, 2014

7:00p.m.

1. COUNCIL BUSINESS

(a) Call Regular City Council Meeting to Order and Roll Call – 7:18 p.m.

A regular meeting of the Oberlin City Council was held on December 15, 2014 in the Council Chambers of the

Oberlin City Hall, located at 85 S. Main Street Oberlin, Ohio. The meeting was called to order at 7:18 p.m., by

Presiding Officer Scott Broadwell. Roll Call was taken as follow:

Council Members: Present Absent

Sharon Pearson

Bryan Burgess

Sharon Soucy

Elizabeth Meadows (left at 9:30p.m.)

Kristin Peterson

Ronnie Rimbert

Scott Broadwell

Appointees:

Belinda Anderson, Clerk of Council

Jon Clark, Law Director

Eric Norenberg, City Manager

Sal Talarico, Finance Director

Staff present:

Carrie Handy, Economic Housing and Development Officer

Dennis Kirin, Fire Chief



Jeff Baumann, Public Works Director

Doug McMillan, Energy Services Manager

(b) Approval of Minutes – Regular City Council Meeting – November 17, 2014.

Motion to approve the minutes of the November 17, 2014 City Council minutes as corrected was moved

by Burgess, seconded by Soucy.

Broadwell noted a correction to David Orr’s address on page 5 of the minutes. It should reflect 214

Fairway Drive.

Roll Call: 7Ayes 0 Nays Motion Carried

(c) Approval of Minutes –City Council Work Session – December 1, 2014.

Motion to approve the minutes of the December 1, 2014 City Council Work Session as submitted was

moved by Pearson, seconded by Burgess.


(d) Approval of Minutes – Public Hearing – December 1, 2014.

Motion to approve the minutes of the December 1, 2014 Public Hearing as submitted was moved by

Soucy, seconded by Pearson.


(e) Appointment of boards and commissions.

Motion to accept the slate as proposed by the nominating committee was moved by Burgess and

seconded by Rimbert.

Uncontested Board, Commissions & Committees Appointments

2015

REVISION INCLUDING CHANGES BY THE NOMINATING COMMITTEE

(UPDATED 12.15.2014)

Civil Service Commission

Heidi Freas Expired Term “12-31-2017”

Phil Verda Expired Term “12-31-2017”

Fire Code Appeal Board

Norman Bevan Expired Term “12-31-2015”

Scott Broadwell Automatic Appointment

Eric Norenberg Automatic Appointment

Historic Preservation Commission



James Banta Expired Term “12-31-2017”

Doren Harley Expired Term “12-31-2017”

James H. Young Expired Term “12-31-2017”

Housing Renewal Commission

Norman Bevan Expired Term “ 12-31-2017”

Peter Crowley Expired Term “12-31-2017”

Income Tax Board of Review

Kevin G. Gilfether Expired Term “12-31-2017”

Expired Term “12-31-2017”


Library Board of Trustees

Julia Binder Expired Term “12-31-2018”

Mary Picken Expired Term “12-31-2018”

Marianne Cochrane Expired Term “12-31-2018”

Open Space and Visual Environment

Norman Bevan Expired Term “12-31-2017”

Sylvan Long Expired Term “12-31-2017”

David Sonner Expired Term “12-31-2017”

Resource Conservation & Recovery Committee

Paul Kobulnicky Expired Term “12-31-2017”


Senior Citizens

Roger Cooper Expired Term “12-31-2016”

Underground Railroad Implementation Team Committee

Joseph Peek Unlimited Term

Paul Lipke-Benn Unlimited Term

Zoning Board of Appeals

Gerard Findlan Expired Term “12-31-2017”


Contested Board, Commissions & Committees Appointments

2015

Design Review Subcommittee Annual Appointment

James Banta Expired Term “12-31-2015”

Human Relations Commission

Megan Schief Expired Term “12-31-2017”

Cherilyn Brice Shahid Expired Term “12-31-2017”

OCIC

Eric Norenberg Expired Term “12-31-2017”



Paul Kobulnicky Expired Term “12-31-2017”

Anne Beth Weiss Expired Term “12-31-2017”

Planning Commission

Matt Adelman Expired Term “12-31-2017”

Peter Crowley Expired Term “12-31-2017”

Eric Gaines Unexpired Term “12-31-2015”

Public Utilities Commission (PUC)

Heather Elmer Expired Term “12-31-2017”

Tony Mealy Expired Term “12-31-2017”

Council appointment 1 year terms

2015

Central Lorain County Ambulance District

Kristin Peterson, Alternate Expired Term “12-31-2015”

Ron Rimbert , Primary Expired Term “12-31-2015”

Fire Fighter’s Dependents Board

Scott Broadwell Expired Term “12-31-2015”

Elizabeth Meadows Expired Term “12-31-2015”

Broadwell remarked that in the future when they have contested seats for various boards and

commissions he would like applicants to be interviewed. This year Council had eight applicants for the

Planning Commission for three positions and the nominating committee didn’t hold any interviews. He

suggested that a change be made to the Boards and Commissions Vacancy ordinance to ensure that

interviews happen in the future much like they have been done in the past.

Rimbert remarked that interviews were held for some Planning Commission applicants. Broadwell

remarked that it was his understanding that there weren’t any interviews for the Planning Commission

vacancies. Meadows concurred with Mr. Rimbert’s remarks and suggested that Mr. Broadwell

misunderstood the process that the committee followed.

Broadwell remarked that the interview schedule that he reviewed listed PUC and some other

commissions but it did not list any Planning Commission interviews.

Clerk Anderson remarked that the nominating committee is probably referring to applicants like John

Rice, who may have had more than one commission listed on their application. That person would have

been interviewed, for example, not only PUC (if listed as one of the options) but also for the Planning

Commission, and any other commission that would have been listed on their application. So, although

they didn’t decide to address the Planning Commission as an individual group they may have still

addressed it by coupling it under one of the other boards and commissions categories.

Broadwell noted that he is aware of how this could have happened but he would still like to see this

addressed in the Boards and Commissions vacancy ordinance.




(Broadwell)

(f) Discuss and consider setting alternative City Council meeting dates for 2015 to address conflicts with

holidays and schedule the summer break.

Motion to approve the 2015 Regular City Council Meeting Calendar was moved by Pearson, seconded

by Soucy. The dates were approved as follows:

January 5, 2015

January 20, 2015 (Tuesday)

February 2, 2015

February 17, 2015 (Tuesday)

March 2, 2015

March 16, 2015

April 6, 2015

April 20, 2015

May 4, 2015

May 18, 2015

June 1, 2015

June 15, 2015

July 6, 2015

August 17, 2015

September 8, 2015 (Tuesday)

September 21, 2015

October 5, 2015

October 19, 2015

November 2, 2015

November 16, 2015

December 7, 2015

December 21, 2015


(g) Discuss and consider directing staff to prepare legislation regarding changes in compensation for City

Council members commencing with the 2016 – 2017 term. (Continued)

Members of Council heard a presentation from the finance director, regarding the above stated purpose.

Highlights of the discussion included Ohio Public Employees Retirement System (OPERS) changes

impacting council salaries, an overview of the Charter provisions related to council salaries, council pay

history, wage comparisons to other communities, and available pay increase options.

Pearson asked if the comparable communities listed in the survey provided were considering an increase

in council wages as well. Talarico said he didn’t have that information.



Discussion ensued concerning the various wage increase options outlined in the presentation. Burgess

added Option 4 to the discussion which would tie Council wage increases to the Ohio minimum wage at

20hr/wk. it would adjust automatically and would stay out of Council’s hands.

A majority of Council was voiced in support to draft legislation in favor of Option 1. This would bring

Council salaries up to the health care minimum of $1,000 per month and maintain current differentials

for the Council President and Vice President. And Council can consider incorporating language to

include any communication devices and services, i.e. cell phones, smart phones, iPads/tablets, internet

services, etc.

(h) Discuss and consider a request from POWER (Providing Oberlin with Efficiency Responsibly) for

funding from the Sustainable Reserve Fund.

Pearson and Burgess recused themselves from the discussion.

Council heard a presentation from Cindy Franz, board member and Founder of POWER, Greg Jones,

Energy Advocate for the POWER initiative, and Steve Dupee, Electric Director regarding a request from

POWER for funding from the Sustainable Reserve Fund.

Cindy Franz provided a brief overview of the Energy Advocacy program. She commented on the

program’s success over the past 21 months, listing several milestones accomplished under the direction

of Greg Jones. POWER has a goal of contacting 360 homeowners each year over the next five years. If

they assume a 50 percent conversion rate they should be able to reach every un-insulated home in

Oberlin in the next five years. The $35,000 Sustainable Reserve Fund investment in this program will

result in over $120,000 being leveraged into the community yearly. POWER has a nice donor base of

residents in Oberlin but will continue to seek outside funding, but they will be able to do their best work

if they have a core source of funding that they can provide to the residents of Oberlin.

Rimbert remarked that he has monitored this program from its inception and it has been his pleasure to

see it evolve to what it has become today. The program is unique in that it isn’t income based. It is

designed to reward anyone. In fact he was able to receive $150 in rebate money for purchasing a new

refrigerator. Rimbert said he liked the fact that it was based out of Oberlin and run by people who we

know.

Soucy asked if there was such a thing as an Energy Smart flat screen television that was part of the rebate

program and if not did they plan on making it a part of the program. Greg Jones, Oberlin’s Energy

Advocate, remarked that it would have to bear the energy star emblem to qualify but televisions were not

in the program at this time. Frantz remarked that this was still a relatively new technology but she

believed that it would be added at some point down the road.

Greg Jones thanked Council for creating the Energy Advocate position. He felt that position was made

for him and he loved the Oberlin community. He remarked that he would continue to do all that he could

to continue to make the program a success.



Steve Dupee, Light and Power Director remarked that Oberlin Municipal Light and Power System does

support the continued funding of POWER. POWER meets all of the criteria to receiving funding through

the Sustainable Reserve Fund. There will be a budget appropriation in the line item that we use for

granting funds to different agencies in the community. That amount will be for $70,000 for 2015. That

assumes that we fund POWER in the amount of $35,000 leaving $35,000 for any other request that we

may receive in 2015 for the Sustainable Reserve Program.

Motion to fund the organization POWER in the amount of $35,000 for the year 2015 was moved by

Rimbert and seconded by Peterson.


Pearson and Burgess returned to Council Chambers.

(i) Discuss and consider a recommendation from the Planning Commission regarding the City’s “Snow

Ban” parking restriction.

City Manager Norenberg said at a previous meeting Oberlin resident Matt Adelman questioned when

Council would take up a recommendation that came from the Planning Commission at their November

5th meeting pertaining to snow ban restrictions. A memo was in Council’s packet a couple of weeks ago

outlining this recommendation related to the aforementioned purpose. During the agenda setting meeting

it was agreed to put it under Council Business for discussion. Representatives from various City

departments are here who have concerns with the proposed changes to our snow ban parking procedures,

which state that from November 1st to April 1

st there is no parking on residential streets. This makes sure

that the streets are clear so that when snow happens we don’t have to worry about trying to move cars in

the middle of the night. The police chief and public works director are here to provide statistics and

discuss the benefits of the snow ban.

Pearson said that she spoke with a resident a couple of years ago who lived on Kimberly Circle. They

complained that it was difficult for some people to move their cars off of the street if they have large

families who use more than one vehicle.

Burgess said the current ban on parking between November and April is arbitrary. You look at days like

today it is 50 degrees outside and it is bright and sunny, there isn’t any snow on the ground, and you

can’t park in the streets. However he recognized the difference between residential streets and

thoroughfare streets and wondered if a distinction could be made where there is a restriction on the

thoroughfare streets from November through April, but in residential districts announce bans on parking

based on snow level, and make it a citable offense.

Meadows remarked that she believes that residents should be able to park on the street when there isn’t

any snow. Peterson asked if ice would play a role in this. Rimbert voiced concerns for how the

parameters would be set for measuring the snow. He could see the enforcement of this policy becoming

more difficult as people disputed the amount of snow on the ground. He addressed safety issues

associated with the policy. He remarked that he has been on Council for 13 years and there hasn’t been a

real issue with the snow ban in the past. One way or another people have worked with the City to get



their vehicles off of the street. He remarked that everything downtown on Main Street is closed at 2:00

a.m. Why they are having such a huge issue all of a sudden is perplexing. Broadwell remarked that this

snow ban has been in place since October 1973. He believes that it has served the community well. Most

people know that there is a parking ban between 2 a.m. and 6 a.m. in the morning. He asked Tom Miller,

Oberlin Police Chief, to provide an overview of the process that is used to warrant citations for those

vehicles in violation of the snow ban.

Chief Miller said his officers enforce the snow ban from November 1st to April 1

st. A couple of weeks

before the snow ban goes in effect staff prepares flyers to warn residents who park on the street that the

snow ban will go into effect. Then when the snow ban is in effect every car that is on the street receives a

warning. The officers go around and write the warning. No one receives a ticket unless they have had a

prior warning. According to his records they have been fairly consistent with issuing warnings and

citations for the last couple of years. From November 1, 2011 to April 1, 2012 they have issued 399

warnings, 69 first offense tickets, 20 second offense tickets and 5 people got a third offense ticket. This

program is pretty successful when you consider that out of 399 warnings we only had to move 5 vehicles

for the entire season. It impacts less people the way that they do it now than if they waited until the night

that it snowed and tried to ticket everyone that was parked on the street. Burgess said that it was clear

that ticketing car owners works well, they get the message.

Baumann remarked that the benefit of keeping the current policy is that it is clear cut. The challenge of

changing that policy wouldn’t be to educate people that the policy has changed. The challenge is that

every snow storm is different and the dynamics of the storm will change contingent on what time that

storm hits. With our largest trucks we have difficulty plowing around cars on narrow streets like Morgan

Street which is only 20ft wide. From an operational perspective it presents more challenges for us, it

would take longer to plow and they would need more manpower. He believed that even if they did go

with Mr. Burgess’s suggestion, that it would result in more tickets and more people being plowed in.

Norenberg remarked that he felt that a simple rule of thumb is easier. If you followed the story of the

City of Lorain, they were debating to actually making the change to go away from the process that is

being suggested tonight to one where they could have a total ban during the season because of the very

issues of concern that have been raised during this discussion. Broadwell remarked that the snow ban has

served the City well for the past 40 years.

Matt Adelman thanked Council for taking the time to discuss the snow ban regulation. He said that the

reason why he brought this to Council’s attention is because he has heard from people in town that the

snow ban is an inconvenience to them since it requires them to move their vehicles in and out of their

driveway. He thinks that the police department does a great job of issuing warnings but it does happen in

cases where you do end up getting a ticket simply because you forgot your car in the street. For six

months out of the year there is always this worry that you will be ticketed because you left your car in the

street. He recalled receiving a warning in the past that said there is no parking on any street on November

1st through April 1

st between 2 a.m. and 6 a.m. City ordinance prohibits parking during these hours and

does not refer to accumulation of snow even though this is sometimes referred to as a snow parking ban.

As the chief said, you can also have your car towed. When he got this warning he wondered if there was

a good reason to have this snow parking ban, because it really isn’t relative to the accumulation of snow.

He felt that if it is not relative to the accumulation of snow then they should be able to park their cars on



the street in the evening. What would be logical is to replace that evening parking ban which is only from

2 a.m. to 6 a.m. with a measureable snow parking ban that said no parking on the street if there is 2

inches of snow. It could be measured at the fire department which increases the City’s opportunity to

plow the streets. The Planning Commission is proposing that we put something in place that is logical

and increases the City’s opportunity to provide a safer environment for everyone in town. We don’t have

any objection to the idea of ticketing people if we have a good reason to do so. It has been stated that this

ordinance was written in the ‘70s. At that time people didn’t have access to snow reports and weather

reports like we do now. Today we have the opportunity to check our phones to see what the weather is

going to be like hour by hour. The idea that we will be surprised by these storms is far less unlikely than

what people might think.

Rimbert remarked that there are some communities that don’t have the snow ban. A negative scenario is

when someone who is elderly has left their car in the street and they now have an issue where their car is

plowed in. His biggest fear is the plow trucks. These are two and a half ton trucks with 11ft blades that

have little room to maneuver around. Adelman remarked that having a community that is friendlier

towards the residents with a personality of service is important and residents should be allowed to use the

streets at a time when they are available.

Tony Mealy, 328 South Professor Street said that the main reason that they have the snow ban between 2

a.m. to 6 a.m. is to address the concern for black ice. He understands that this may be inconvenient for

some residents but that is life.

Burgess asked if this would need to be done by ordinance or does it fall under the purview of the City

Manager. City Manager Norenberg remarked that it would need to be done by ordinance.

Broadwell remarked that he would like to have four members of Council express a willingness to amend

the snow ban before they provide direction to the City Manager. Both Burgess and Pearson expressed a

willingness to have the snow ban regulations reviewed by staff. Being that a consensus was not met, no

direction was provided to staff to review the snow ban.

2. ANY CONCERNS THAT ARE NOT ON THE AGENDA MAY BE BROUGHT TO THE

ATTENTION OF COUNCIL AT THIS TIME.

Broadwell announced that during this time the public may address City Council for a maximum of three minutes

each.

Fleet proposal raises concern

Ellen Mavrich, 625 Spruce Drive said she would like to hear a response from a question she raised to the

Council President and City Manager regarding a recommendation from the City’s Fleet consultants regarding

the natural gas and propane fueling station in the City of Oberlin.

Broadwell asked the City Manager for input. Norenberg said that the recommendation that Ms. Mavrich is

referring to is based off of a study that is funded by the Local Government Innovation Fund in terms of options

for reducing emissions from our fleet. That study which involved nine other entities resulted in a report and



recommendation by Clean Energy Coalition Fleet Consultants. At this time none of the organizations are in the

process of implementing any of the strategies that have been recommended. Once the grant has been closed and

the study is approved by the State of Ohio it could serve as a basis for a loan application to help fund some of

the suggestions, but that would require a lot more analysis and collaboration with the partners. At this point they

were still trying to close out Phase I of this process before they start thinking about the next steps.

Mavrich remarked that Phase II of this process is her concern. The recommendation from the fleet consultants

was to build natural gas and/or propane fueling stations for the City vehicles and the other fleet partners. The

study provided includes calculations of methane emissions. She believes that the way they are calculating their

methane emissions is inaccurate and the numbers provided are lower than they should be. The numbers provided

iare based on hyrdrofracked gas. Hydraulic fracturing has been going on since 1940. However, slick water, high

volume, hydrofracked gas has only been going on since the 1990s and the science is still developing with

respect to this gas. There is a whole scientific discussion that is going on right now about the effects of the

methane from the extraction of this gas. The science is really still developing and the jury is still out. Her

concern is that the City will move forward with the recommendation to build the proposed fueling stations.

Primarily because methane gas is a greenhouse gas and in certain framing it is more potent than CO2. We spent

a lot of time on CO2 and its effects on Climate change but we also need to pay attention to methane and she

would urge the City not to take any further steps that would to take us down the path of another fossil fuel that

may actually exacerbate climate change because everyone is working hard to try to reduce our footprint with

respect to climate change. Following remarks information concerning this discussion was distributed by the

speaker.

Elizabeth Ramsey, Oberlin Resident agreed with remarks from Mrs. Mavrich. She remarked that there are other

risks associated with the use of Natural gas, including a host of toxic chemicals used in natural gas production.

The associated risks with natural gas production were not considered by Clean Energy Coalition when the fleet

study was performed. You can go on industry websites and see long lists of chemicals used and their function in

the fracking process. It is also not a debate whether they are harmful there are known health and environmental

effects. Furthermore there is no question there is exposure to these chemicals the only questions are how much

exposure, when, where who was affected and how much damage was done or will be done. Exposure to these

chemicals is coming from leaks which happen all along the path from well to wheel. Ramsey provided Council

with several reference materials dealing with exposure to hazardous chemical as a result of fracking.

RESERVE AVENUE DISCUSSION

Mike LaVigne, Reserve Avenue read a prepared statement into the record. He read there are two

assumptions.The first one is that the City of Oberlin places a high priority on ensuring the safety of its taxpaying

residents as it pertains to protecting the value of its property, or personal property, from damage due to

negligence, unintended or otherwise from projects that haven’t been approved by the City. The second

assumption is that Reserve Avenue Phases I, II, and III were properly designed as approved by the City officials

at the time, including the storm water storage drainage, which was adequately built to handle the amount of

storm water generated from the land structures, impervious places on the subdivision. His point is simple the

storm water runoff entering Reserve Avenue from the west is not flowing through the design route to the

northeast and through the Evans ditch. We have had several conversations with the City officials. The officials

have generally accepted that the design of the drainage system is not the best, but it functions until it gets to the

point where it leaves our subdivision into the Evans ditch. It has been confirmed by the City that this system is



not connected to the Evans ditch so the water just stops at the North end of our property. As a result the water

backs up and submerges about a third of Phase III in water sometimes A few feet deep and then eventually the

water flows into the curves and into the storm drains and into the detention basin at the east end (State Route 58

end) of our subdivision. There has been a lot of efforts taken on the State Route 58 end to increase the amount of

outflow of water, but the water from the west entering the subdivision is the cause of the problems at the east

end.

He revealed that this is the same letter he read to Council in 2012 and the situation has not changed. He passed

out three pictures from April 2011, and one of June 2014. Those pictures were taken from the same place about

a third of the way down from Phase III which is about as far as you can drive. The same flooding seen in both

of the pictures has occurred at least twice this year, where the standing water is back in the street. In response to

requests made by residents on Reserve Avenue the City has engineer work and consultation work done basically

what they got out of it is that the detention basin is not big enough. He would like to see some more

improvements on the drainage on the State Route 58 end to push water out faster.

LaVigne remarked that the reason why he is there is because they had received an update from the City’s Law

Director, through their Counsel, that said that they were going to increase the size of the detention basin on the

property. His response remains the same; the water that is coming in from the west side that is not supposed to

get in the curb drains is what makes that detention basin flood. It has been the same since 2008.

Broadwell remarked that they had budgeted $75,000 for various projects on Reserve Avenue. He asked Mr.

Norenberg to respond to the concerns being raised, who then deferred the discussion to Mr. Baumann.

Baumann remarked that Mr. LaVigne was correct. They are looking at extending their engineering contract to

look at enlarging the detention basin to provide more capacity. There were some incorrect assumptions in the

letter that they can sit down and talk about with Randall Roberts, the City’s engineer, so that they are all on the

same page. With regards to drainage to the northeast across the adjoining property in New Russia Township,

there is a connection that just doesn’t function as it was intended to function. How we might work with the

property owner is to open the drainage flow to the Northeast across the adjoining properties.

LaVigne remarked that his main concern is that all of the fixes are concentrating on getting the water out,

instead of keeping the water contained. The west end is where the problem lies and unless something is done to

resolve the flooding issues at that end, it won’t matter what is done at the east end of Reserve Avenue, the

flooding will still be an issue. The west side is the issue, not the east side.

Rimbert exited the meeting at this time

Burgess moved to schedule an executive session on January 5th to conclude the evaluation of the City Manager.

The motion was seconded by Peterson. Soucy remarked that the evaluation of the City Manager is complete

unless he requests a meeting with Council and there is no time limit on that. Burgess reiterated that this motion

is requesting a meeting for the purposes as stated. Broadwell remarked that it was his understanding that as

stated by Ms. Soucy that the evaluation has been completed. He was not sure what the purpose of this meeting

would be. Burgess remarked that the motion was before Council to schedule the executive session. Law Director

Clark suggested a change to the language to better fit the purpose of the meeting if the evaluation is complete.

The Ohio Revised Code has a provision that you can meet in executive session for the hiring, firing, demotion,



promotion or other terms of compensation of the public official. If that would satisfy Council perhaps an

amendment can be made to the purpose of the meeting. Burgess remarked that he was satisfied with the purpose

as stated. Soucy remarked that again she did not understand the purpose of the motion. According to how this

Council operates they had completed the evaluation. The only reason for another meeting is if at some point the

City Manager asked to have another meeting with Council, which he very well may. She agreed with Mr. Clark

that the language would need to be changed because the evaluation is complete. Burgess replied that he was not

in agreement. Broadwell remarked that the evaluation had been given to the City Manager He would consider

that complete. Peterson replied that one of her responses was that the format that they got was not the same

format that they have used in other evaluations for the appointees. If an evaluation is considered final then she

would like to see it in the same final form as the other ones that she has seen. She is new to Council and this is

the first time that she has done evaluations for appointees. Soucy remarked that it was exactly the same form

that she has always used. A narrative followed by one number, which was a compilation of all of the numbers

submitted to her. Peterson remarked that she saw one with individual numbers provided by individual people

and then numbers from previous years which were the composite averages. She has not seen a document with a

composite average number for the categories. This process seems different from the process used with the other

evaluations. Pearson concurred. Broadwell asked if Council should be discussing the evaluation process. Clark

remarked that there was a motion pending that needed to be voted on, whether it is legally appropriate or not can

be determined at a future time. He just didn’t know if the evaluation was complete or not. Broadwell remarked

that he wanted to wait for Mr. Rimbert to come back in the room so he could vote along with the rest of Council.

(Rimbert re-entered Council Chambers)

Roll Call: 5 Ayes 2 Nays Motion Carried

(Broadwell, Soucy)

CLERK NOTE: item C and D under NEW BUSINESS occurred prior to the discussion of Ordinance No.

14-47 CMS under Old Business.

Motion to move items C & D under New Business to the next items on the agenda was moved by Rimbert and

seconded by Peterson.


(C). ORDINANCE No. 14-71 AC CMS: An Ordinance Approving a Collective Bargaining Agreement

Between the City of Oberlin, Ohio and The Ohio Patrolmen’s Benevolent Association (OPBA for the Oberlin

Police Department Patrol Officers and Declaring and Emergency for the Oberlin Police Department Patrol

Officers and Declaring an Emergency. (1st)(E)

The clerk read by number, title and substantive portions.

Motion to approve the ordinance on first reading was moved by Meadows, seconded by Peterson.

Background was provided by the City Manager prior to deferring the discussion to Joe Lencewicz, City’s

Collective Bargaining Consultant, outlining several key changes in the agreement between the City and OPBA



patrol officers and OPBA sergeants. Recommendations for minor changes were made to provide for: a 3% wage

increase in 2015 and 2016, and a 2.5% increase in 2016. In addition, the contract is revised to reconstitute an

employee benefits committee that will evaluate how to reduce overall medical costs for employees and the City,

which will be shared with representatives of the IBEW and non-union employees. Additional changes address

increasing education pay and address damages to uniforms and equipment.

Lencewicz remarked on the strategic approach used to negotiate with both the OPBA representatives for Patrol

officers and for Sergeants over the past three years. This was a cooperative effort from the top to the bottom.

The City should be lauded for what it has done with its employees and how it has generated a positive labor

relations climate.

Rimbert said he was always proud of the fact that they were able to conduct negotiations without laying anyone

off. Lencewicz agreed. He remarked that Sal Talarico and Eric Norenberg painted a credible picture going over

this information during the negotiations process. It was well managed. The overall feeling on the part of the

Oberlin labor relations has been that the employees are employees of the City first. Secondly, they are union

members because if we don’t have the City and its revenue then the union can’t give you anything. We want to

work cooperatively with the City. We understand that there is a grievance procedure and there are issues that we

have to deal with, but unions feel that the City can be trusted. You don’t start negotiations three months before

the expiration date. Negotiations and good labor relations start from the very time you sign the new contract for

the next three years.

A motion to suspend the rules requiring three readings and to elevate Ordinance No. 14-71 to emergency as

stated in Section 3 was moved by Burgess, seconded by Meadows.


(1st, Suspension of Rules/ Emergency)


(1st, Final)

(D). ORDINANCE No. 14-72 AC CMS: An Ordinance Approving a Collective Bargaining Agreement

Between the City of Oberlin, Ohio, and The Ohio Patrolmen’s Benevolent Association (OPBA) for the Oberlin

Police Department Patrol Sergeants and Declaring an Emergency. (1st)(E)

Clerk Anderson read by number, title and substantive portions.

Motion to approve the ordinance on first reading was moved by Soucy, seconded by Pearson.

Norenberg remarked that he had nothing more to add.

A motion to suspend the rules requiring three readings and to elevate Ordinance No. 14-72 to emergency as

stated in Section 3 was moved by Soucy, seconded by Pearson.






(1st, Final)

4. OLD BUSINESS:

(A). ORDINANCE No. 14-47 CMS: An Ordinance Amending Section 1501.01 of the Codified Ordnances of

the City of Oberlin, Ohio, in Order to Adopt the 2015 Edition of the International Fire Code. (3rd

)

The Clerk read by number and title only.

Motion for passage on third reading was moved by Rimbert, seconded by Soucy.

Norenberg advised that he had nothing additional to add to the previous two discussions.

Burgess asked when the latest edition of the International Fire Code will be available for viewing. Kirin

remarked that he did not have that date.

Burgess remarked that he would like to amend Section 3 to read that this ordinance shall take effect on April 1st

2015. The motion was seconded by Pearson. Rimbert said the chief has given them a lot of information and he

didn’t see any reason to hold it up. Burgess remarked that the public couldn’t see this code. He is allowing

enough time for the International Fire Code board to get their act together and get the code on the Internet so

everyone could see it. He hoped April 1st was enough time for that to happen. Rimbert asked if extending the

effective date of the ordinance would open the city to liability. Kirin deferred the question to the Law Director

who then deferred to the finance director upon Talarico’s request.

Talarico remarked that, in general, not having current policy in place can increase our exposure to liability. Our

insurance agent recommends that it is always the best practice to have the most current policy in place.

Peterson asked if the updates to The International Fire Code could be scanned and placed on the website. Kirin

remarked that it had copyright protection. However, once it is adopted four copies will be purchased for various

departments including the building department and the Clerk’s office. Meadows asked if a copy could be

purchased and placed at the library to be placed on reserve for the public to view. Kirin remarked that he would

be willing to have one placed at the Oberlin Public Library.

Burgess remarked that he would like to withdraw his motion. Pearson withdrew her motion as well.

David Ashenhurst, 260 Sumner Street sought clarification on which Code would supersede the other on matters

where there is a clear conflict, the Ohio Code or the International Fire Code. Kirin remarked that both codes are

about 99.5 % identical. There are four sections that are somewhat different but, for the most part, the larger issue

is that the Ohio Fire Code is always behind. Burgess remarked that with that being the case he would like to

insert a section 2 that reads, Should a conflict exist between the various codes set forth in Attachment A, the

International Fire Code would prevail. The subsequent sections should be renumbered. The motion was

seconded by Pearson.



Kirin remarked that all codes already have an inherent provision that says that the more stringent of the two

Codes would prevail. The motion proposed by Mr. Burgess could potentially conflict with what is already

written in the Fire Codes as well as in the City Code.

Burgess said he believed this cleared up the conflict and refused to withdraw his motion. Meadows called the

question.

Roll Call: 3 Ayes 4 Nays Motion Failed

(Amended) (Pearson, Burgess, Meadows) (Soucy, Peterson, Rimbert, Broadwell)


(3rd, Final) (Burgess, Pearson)

Clerk Anderson requested a 5 minute recess. Broadwell called for a 5 minutes recess. (9:30 p.m.)

Meadows left the meeting during the recess.

{Meeting reconvened at 9:35 p.m.}

CLERK NOTE: item A under New Business Ordinance No. 14-69 AC CMS was moved up to the next

item of business.

Motion by Peterson to move Item A under New Business to the next item on the agenda, seconded by Pearson.


{NEW BUSINESS}

(A). ORDINANCE No. 14-69 AC CMS: An Ordinance Authorizing the City Manager to Enter into a

Memorandum of Agreement with the Lorain County Storm Water District to become Storm Water Co-

Permittees Under the National Pollutant Discharge Elimination System (NPDES) Small Municipal Separate

Storm Sewer System Permit Regulations of the Ohio Environmental Protection Agency and Declaring an

Emergency. (1st)(E)

The Clerk read by number, title and substantive portions only.

Motion to approve the ordinance on first reading was moved by Soucy, seconded by Peterson.

Norenberg provided a general overview of the project and then deferred the discussion to the Public Works

Director Jeff Baumann. It was noted that the Public Utilities Commission who have supported this.

Jeff Baumann remarked that since 2003, in a continuing series of 5 year cycles, the City has had a discharge

permit from the Ohio EPA for its various storm water discharges to the water shed. That permit comes with a

variety of regulatory compliance requirements. We have done well with the resources we have but we have

never achieved full compliance with the requirements of the permits substantially because of resource



constraints. We have never been able to screen all of the outfalls and we have never been able to put together a

Comprehensive Storm Water Pollution Prevention Plan for our industrial facility. That includes the OMLPS

generating plant and our central garage. This memorandum of understanding will help us to achieve full

compliance.

Members heard from Donald Romancak, Lorain County Director of Lorain County Community Development

who provided background for the proposed ordinance. Highlights of the discussion included:

Overview of six minimum control measures outlined in memo.

Questions surrounding why Oberlin is the only municipality entering into an agreement with the Lorain

County Storm Water District for M4 NPDES permits.

Other communities have their own storm water utilities. Others may partner with the County at a later

date.

2008 State Grant Program: for Local Government to Jointly Storm Water Management Study.

Review of Advantages and Disadvantages of partnering with the Lorain County Storm Water District

o Will achieve regulatory compliance

o Cost effective

o No negatives were mentioned

Public Education and outreach.

Concern voiced by township trustees who were not impressed with their participation in the Lorain

County Storm Water District program.

What are the alternatives to partnering with the County?

Discussion ensued surrounding the possibility of using alternative solutions to the city’s storm water needs.

Romancak remarked that he had not heard any complaints from other trustees that are enrolled in the program.

Baumann remarked that he didn’t doubt that a lot of trustees were brought into this program kicking and

screaming. To a larger extent these are an unfunded mandate. The noble purpose is there but there is no cash

flow from Washington to help. The six minimum control measures are applicable across the board so the public

education campaign is the same whether you run it in Oberlin or the township. There are differences but they

usually relate to the fact that Oberlin has storm sewers where, for the most part, the township and the other

members of the district do not have sewers. This is still our responsibility to own, operate, and maintain the

sewers. That piece will not change. The storm water program only handles the regulatory requirements, not the

infrastructure development.

Rimbert asked if the City of Oberlin was the first pilot city. Romancak responded in the affirmative. He

remarked that Oberlin is a nice size community that he is confident that they are able to handle, unlike Cities

like Elyria or Lorain which are too large. They have had a long-term good relationship with the City of Oberlin

on other projects. They are advancing opportunities because they believe they can work together and make our

communities stronger. Over the long term, the District board would like to have one entity covering all corners

of Lorain County and would be interested in bringing other communities in. However, if trustees are already

complaining about including Oberlin in the program, can you imagine how they would react if we brought in a

City the size of Lorain? The Lorain County Storm Water District is going to have to learn to walk before they

can run. They are slowly improving the program, and are becoming more open to inviting other communities in.



David Ashenhurst, 260 Sumner Street asked who would establish the priorities for the storm water management

infrastructure activities and development if the taxes are being collected throughout the county. Baumann

remarked that if and when the City adopts a storm water utility it will be controlled like any other Enterprise

fund. They would be dedicated to that purpose. This is a separate contract for services. At such time as they do

have a storm water utility, they would be able to pay these fees to the county to assist in this way with that

funding source. This is an eligible expense for a storm water utility. There are benefits to the City for doing this.

There is also a termination clause that allows us to opt out in 60days.

Peterson said it is not as though we would be locked into something if started and then decided it was not quite

what we planned. Baumann confirmed that this was a correct statement that is supported by the Public Utilities

Commission.

Mealy said he has been an associate member of the Lorain County Township Trustees Associations for over 40

years. The storm water district issues come up at every meeting and he hasn’t heard any objection to Oberlin

participating in this program. In fact he expects that Kipton, Wellington, Grafton, and possibly even the north

side of the County will join this because it is really a reporting issue. An issue that will cause the City to hire

three more employees, which he didn’t feel was necessary as the same thing could be accomplished in a more

cost-effective manner by partnering with the District.


(1st, Reading)

{OLD BUSINESS CONTINUED}

(B). ORDINANCE No. 14-58 AC CMS: An Ordinance Amending Chapter 551 of the Oberlin Codified

Ordinances to Revise the Procedures for Giving Notice of Violations of Section 551.01. (2nd

)


Motion for passage on second reading was moved by Burgess, seconded by Pearson.

Norenberg stated this was postponed in anticipation of a report and recommendation from the Open Space

Commission. After much discussion it was agreed that portions of the ordinance that related to notification

regarding nuisances would need to be passed by Council, and additional time would need to be granted by

Council to allow staff and administration time to address additional revisions made by Open Space Visual

Environment Commission (OSVE) and input from Council. Clark expressed his concerns with several of the

recommendations as outlined in a previous memo.

Peterson asked if the ordinance were passed in this form, would further OSVE recommendations come back as

an amendment to this ordinance. Clark remarked that Ordinance No. 14-58 AC CMS is an amendment to

Chapter 551 of the Codified ordinance. A future ordinance would further amend this section of the Code.

A motion to accept the amendment to Exhibit A as provided by the law director was moved by Burgess and

seconded by Peterson.




(Amendment)


(2nd Reading)

(C). ORDINANCE No. 14-64 AC CMS: An Ordinance Amending Chapter 1327 of the City of Oberlin

Codified Ordinances and Declaring an Emergency. (2nd

)(E)


Motion for passage on second reading was moved by Soucy, seconded by Burgess.

Clark recapped the previous discussion and provided Council an update regarding its authority to change voting

requirements when it comes to the amendments to the City’s zoning map. He remarked that he has done

additional research and has concluded that our Home Rule powers would authorize Council to enact its own

ordinance that would say that Section 713.12 of the Ohio Revised Code is inoperable in Oberlin’s procedure.

This would allow a 4/7th vote when it came to Councils approval of a rezoning requests.

A motion to accept the amendment to Exhibit A as provided by the law director was moved by Burgess and

seconded by Soucy.


(Amendment)


(2nd, Reading)

(D). ORDINANCE No. 14-65 AC CMS: An Ordinance Approving Amendments to the City of Oberlin Zoning

Code Related to Parking of Recreational and Commercial Vehicles as Well as Other Parking Regulations in

Chapter 1321, 1349, and 1357. (3rd

)


Motion for passage on third reading was moved by Soucy, seconded by Rimbert.

Norenberg recapped the previous discussion. Peterson asked how community members will be notified that a

permit will be required to park recreational and commercial vehicles. Norenberg remarked that they will send

notification through the electric bill and there will be ongoing discussion as to the best way to address the public

education.

Rimbert stated that he would like to see the City be more proactive with educating the public on the changes.

This will not be an easy ordinance for the public to adapt to, due to costs associated with trying to find parking

for vehicles and things of that nature. Norenberg remarked that this was not written as an emergency ordinance

for that reason.




(3rd, Final) (effective in 30 days)

(E). ORDINANCE No. 14-68 AC CMS: An Ordinance to Appropriate Monies for Municipal Purposes for the

Fiscal Year 2015 and Declaring an Emergency. (2nd

)(E)

Burgess and Pearson recused themselves from the discussion.


Motion for passage on second reading was moved by Soucy, seconded by Rimbert.

Brief discussion ensued concerning matters of procedure. It was noted that with Ms. Meadows being absent

Council would not have enough members present to approve the budget on emergency.

Talarico asked that Council vote on the ordinance as presented and they will vote on the POWER expenditure at

a later date. Broadwell consented and called for recused members to return to the discussion.

Burgess and Pearson returned to the discussion.

Burgess questioned why he and Ms. Pearson would need to recuse themselves for this item when it is not

awarding the funds but is simply approving the City budget. Clark remarked that the issue related to POWER

will be voted on at a later date so there will not be a conflict. He remarked that this will give them some time to

address the question raised by Mr. Burgess. Burgess remarked that in the future he would suggest that if money

is set aside in the budget, the description could be to award a certain amount of money for the Sustainable

Reserve Fund without any additional description. The exact description can be given when Council is ready to

award the money.

Rimbert remarked that he would like to look at the funds being set aside to make a part-time secretarial position

full-time more closely. He would like to see a full-time position but would like for it to be an IT position and not

a secretarial position.

Peterson asked if Mr. Rimbert’s issue could be made at a later date. Norenberg provided an explanation of

various steps being taken to address IT support. He remarked that Mr. Rimbert had ample opportunity to raise

these concerns prior to the meeting but he hadn’t heard anything, and now they are in a situation where it is

10:30 p.m. and they have a budget to approve so that we can be ready to go by January 1st. Rimbert remarked

that his schedule did not permit him to address his concerns sooner but that is the reason why legislation is

presented on three readings. It allows concerns to be fully vetted. Peterson asked if approving the budget would

automatically bring the City Manager’s Administrative Coordinators position back to full time. Rimbert

remarked that it would create the funds.

Burgess said he would be interested to know if Mr. Rimbert would be willing to put it in the form of a motion.

Clerk Anderson asked for clarification on what was being proposed for the purpose of the record. Rimbert

restated his desire to approve funds for a full-time IT Position but not to bring a part-time position back to full



time. Pearson asked if that was his motion. Rimbert responded in the affirmative. Motion was seconded by

Pearson.

Soucy expressed concerns with the way this is being handled. They have had lengthy discussion in budget work

sessions and Mr. Talarico has asked for Council to get back to him prior to the meeting and no one has. She

explained that she would feel more comfortable if Mr. Rimbert could get with Mr. Norenberg and discuss this.

This is an unusual way to address a budget approval.

Talarico remarked that the budget is dollars and cents it is not based on positions. If he understands the motions

then Council wouldn’t want to approve transitioning a part-timer to a full-time position in the City Manager’s

office, but instead would like those dollars to be used to create an IT position. Talarico remarked that the dollars

and cents won’t work because you will need more money to approve the IT position than you would need to

transition a part-time position to a full-time position. He doesn’t know what it costs to have a full-time position

and he is struggling to come up with the numbers.

Rimbert remarked that he didn’t want to see a part-time position go to a full-time position. That is why they are

having these meetings to address the budget and raise areas of concerns if they feel the need. The fact that this is

being done in public isn’t an issue for him. Council is the steward of the budget and the public needs to be aware

of its concerns.

Talarico said he imagined that since the motion is on the floor something needs to be done with that motion, but

he would suggest that since he will be bringing back an adjustment to Council for the Sustainable Reserve

Funds, maybe between now and then Mr. Rimbert could meet with Mr. Norenberg to discuss the IT position as

well. Talarico reiterated the importance of passing the ordinance at this time. He suggested that as an alternative

Mr. Rimbert could make his amendments in March which is typically when the City will do its next budget

adjustment, which would make it a cleaner amendment. Rimbert remarked that he is not asking anyone to plug

in the IT position. He just heard that it was important to look at the IT position. He was not comfortable with the

secretary position going to a full-time position. Now, if they need to wait until March to go with the IT position

because that is when all of the numbers can be plugged in, then it sounds like that is what Mr. Talarico would

prefer. Burgess agreed that if the IT position needs more money, they can address the “more” part in March.

Peterson asked the Clerk to repeat the motion. Clerk Anderson remarked that the motion was to fund the IT

position. Rimbert remarked that the motion was not to fund a full-time IT position; it was not to fund a full-time

secretarial position. Clerk Anderson asked if this would then be a motion to strike. Norenberg asked would they

be striking the proposed amendment. Clark remarked that the motion would be to amend the proposed

amendment to fund an IT position and it would be an amendment to delete funding a full-time position on the

budget. Norenberg remarked that if that were the case, then they would need to add funds to the part-time line

item so they can pay the position as it currently exists as a part-time position. Norenberg remarked that he

thought they did a great job explaining the need for staff support for the HR position and the City Manager. This

is two department heads sharing one position that currently is half time, whereas all of the other department

heads have at least one administrative support staff. Norenberg remarked that he would be happy to come back

and spend more time explaining this to all seven Council members after the New Year. The simplest thing may

be for Council to withdraw its motion and he would not do anything to change the status of that position until

after the first of the year and they can talk about the duties and responsibilities after the first of the year. Later in



the spring he will also come back and talk to them about the IT position once they have formulated salary

ranges. It is difficult to have these conversations without having data and information right at our hands.

Soucy remarked that she didn’t understand why they were making a change from what they had agreed on

during the budget work session. Her only objection is that Mr. Talarico had sent them a date to get amendments

to him and no one did. However she would like to hear from Mr. Norenberg about what the job description is

and what the pressures on his office are. What is currently being done and what isn’t being covered so that she is

able to make a better decision. When the former City Manager, Rob DiSpirito was here he was constantly

struggling without having some full- time support, she would like to hear more about how this impacts his role,

how it impacts the HR position before she would make a basic change in the budget. She would like to see some

figures and have some information so she could make a more intelligent decision. Rimbert said he didn’t feel

that his request was a huge budget change. Soucy agreed but argued that she didn’t really see the need for it

without further documentation. She said they need the City to run well, and if this position needs to go full-time

then she would need to see the detailed information for it. If it can be cut then she would like to have a little

more information about it. Broadwell said he believes that Ms. Soucy is suggesting they have this discussion on

these positions after they deal with the budget tonight. Rimbert said once the budget is approved, that is it. The

City Manager runs the City not City Council. He makes the decision on who to hire and what positions to fill.

City Council’s control mechanism for which positions get filled is the budget. Broadwell said it is his

understanding that Ms. Soucy has an issue with this being done on the fly. Rimbert said this is the way it is done

during the discussion. It is not a perfect world and sometimes decisions are made at the last minute. Peterson

reiterated that the City Manager has committed to not moving this position from part-time to a full-time position

until that discussion has occurred. Broadwell asked the Finance Director if he could put the motion into a form

that they could use. Talarico asked if they wanted to take the dollars out or if they wanted to take the City

Manager’s commitment that he won’t move on the position. Rimbert remarked that he will take the City

Manager’s word that he will not move on this position.

Soucy said she didn’t think that it was necessary to tie this position to the IT position. It is her opinion that these

are two different issues. She agrees that they may need an IT position but she thinks that it muddies the water to

suggest that the IT position can only be funded if they decrease this position. She would like to separate those

two concepts and as Mr. Talarico was suggesting examine the position of IT after the first of the year. She thinks

that by putting them together it is making the situation a little confusing. She would support what Mr. Rimbert

just said, which is to put this on the burner, trust the City Manager that he won’t make a hiring decision until we

have some more information and go from there. And then let’s commit ourselves to looking at the possibility of

funding an IT position after the first of the year.

Clark remarked that the motion could be withdrawn at the request of Mr. Rimbert. Clerk Anderson sought

clarification and asked if the money was tied to a full-time position or to a part-time position with an increase.

Rimbert remarked that the money was just there. Talarico remarked that on page 1 of the original Exhibit A. The

position is embedded in the payroll and benefits of the $6,900,094. If Council was taking the City Managers

word for it, then they would leave it alone. If not, then he would give them some sort of language for a motion to

reduce those dollars by about $25,000 and that would be reflected in the City Managers budget. To answer the

Clerk’s question, this isn’t tied to a position it is embedded in the line item for payroll and benefits.

Soucy asked Mr. Talarico to explain the timeline for getting the budget approved. Talarico remarked that if they

didn’t have a budget on emergency before December 31, 2015 we would tell everyone to go home. Burgess said



no one here is suggesting that we are going to shut down the city over a reduction of $25,000 from a fund.

Rimbert said that he would agree with Mr. Burgess, and didn’t appreciate that tactic being used. They were

trying to have a discussion amending a portion of the budget not about the City shutting down. Talarico

reiterated both suggestions for how Council should proceed. Following some more remarks Rimbert withdrew

his motion. Council Pearson agreed to withdraw her second, based on trusting that the City Manager’s will not

make any changes.

Ashenhurst remarked that Council has two alternatives. One is to operate like most municipalities do on a

continuing resolution and finalize the budget in March. The other alternative is to pass the budget with language

as Mr. Talarico said without the dollars and cents, but that reduces the disputed position to its status quo. Let the

numbers come back and understand that there is only going to be a $25,000 difference. Pass that with an

amendment that says this one is not at this point changed and then deal with that and the IT position sometime in

the New Year as adjustments to the budget. That doesn’t require a calculation of what those numbers are.

Talarico disagreed with Mr. Ashenhurst and restated the need to know what numbers to plug into the budget.

Ashenhurst argued that depends on how the motion is framed. If the language stated that the earlier version of

the position is restored without any adjustment to those positions, then this can be recalculated and it can be

reported as housekeeping because no changes have been made. He reiterated that Council had until March 31st

to operate under its current budget.

Soucy said given the concept of not filling this position to full time, is it was necessary to pass this ordinance on

emergency since this was the last meeting before the December 31st deadline. Talarico concurred, adding, unless

Council wanted to schedule a special meeting to address additional concerns.

A motion to suspend the rules requiring three readings and to elevate Ordinance No. 14-68 to emergency for the

reasons outlined in Section 3 was moved by Soucy, seconded by Burgess.




(1st, Final)

4. NEW BUSINESS:

CLERK NOTE: item A under New Business followed the discussion of Ordinance No. 14-47 AC CMS

(under Old Business) at the meeting.

(B). ORDINANCE No. 14-70 AC CMS: An Ordinance Amending Ordinance No. 13-69 AC CMS, the 2014

Annual Appropriation Ordinance, to Provide for the Appropriation of Funds and Declaring an Emergency.

(1st)(E)

The Clerk read the ordinance by number, title and substantive portions only.

Motion to approve the ordinance on first reading was moved by Burgess, seconded by Soucy.



Talarico remarked that a list of items had been submitted to Council for the year-end budget adjustment.

Proposed Budget adjustments:

Reallocate capital funds for fire officer training ( $6,000)

Salary adjustment for recreation superintendent (promotion after ’14 budget prep). ($30,000)

Street wages adjustment for year end. ($5,000)

Central garage wages adjustment for year end. ($5,000)

Recycling wages higher due to distribution of new carts and brush collection. ($30,000)

Adjustment for Pyle South Amherst Bridge Project – transfer from income tax fund. ($5,000)

Adjustment for Pyle South Amherst Bridge Project – Issue 2 portion ($5,000)

Solid waste wages adjustment due to solid waste recovery, distribution of new carts and brush

collection. ($65,000)

OPWC note adjustment ($1,131.60)

OPWC note adjustment –transfer ($1,131.60)

Unclaimed fund transfer from electric fund ($293.59)

A motion to suspend the rules requiring three readings and to elevate Ordinance No. 14-70 to emergency for the

reasons stated in Section 3 was moved by Burgess, seconded by Soucy.




(1st, Final)

CLERK NOTE: item C and D under NEW BUSINESS occurred prior to the discussion of Ordinance No.

14-47 CMS under Old Business.

(E). RESOLUTION No. R14-06 CMS: A Resolution Designating Depositories for the Active and Interim

Funds of the City of Oberlin, Ohio, for a Period of Five Years from January 3, 2015 through January 2, 2020,

both dates Inclusive, and Declaring an Emergency. (1st)(E)

The Clerk read the ordinance by number, title and substantive portions only.

Motion to approve the ordinance on first reading was moved by Soucy, seconded by Pearson.

Talarico remarked that the Uniform Depository Act (ORC. 135.) requires subdivisions of the state to designate

depositories. This requirement must be fulfilled by cities every five years. During the five year period

depositories can be added or removed by the City as it sees fit. To be considered as a depository, the bank must

comply with the requirements set forth in the ORC. Two banks have been added to our preexisting list of banks

they are Farmers Savings Bank and Farmers National Bank. One of the checks done before authorizing the

depository agreements is to check their Community Reinvestment Act (CRA) to make sure they are getting a

good grade, which means that they reinvest in their communities.



Burgess voiced his support for doing business with local banks but remarked that he would not support the City

depositing money with Wall Street banks like Charter One and JPMorgan Chase Bank. Talarico remarked that

JPMorgan Chase hasn’t provided any kind of reasonable rates. They just are not interested in public funds for

whatever reason.

David Ashenhurst, 260 Sumner Street said this has been the fourth time that he has been around for this

resolution and every time it comes up it has to be approved on emergency. This could have come to Council a

couple of weeks ago. He recalled that in 2007 and in 2009 when this resolution was being considered he asked

Council about compliance with the Community Reinvestment Act and whether we in Oberlin wanted to go

beyond its weak provisions, and both times he was ignored. Charter One’s reputation working with people is

much better than it was five years ago. It was noted that this resolution comes before Council once every five

years and should be discussed over three readings. Talarico remarked that ORC 135.12 (b) requires that it be

done the month before they expire and not any sooner. He was not in agreement with the process either, but all

he is doing is complying with the Ohio Revised Code.

A motion to suspend the rules requiring three readings and to elevate Resolution No. R14-06 for the reasons

outlined in Section 5 was moved by Soucy, seconded by Meadows.




(1st, Final)

5. OTHER NEW BUSINESS:

Broadwell announced that in its packet Council received a notice regarding the scheduling of a City Council

Retreat. Pearson asked what the retreat was about since most City Councils have a retreat every two years.

Broadwell said it is being scheduled to work out some of the issues that Council has been having this year.

Pearson asked if this would be with or without staff. Broadwell remarked that it would be Friday evening with

Council and Sy Murray specifically, and on Saturday morning the Council appointees would be included. Soucy

said on a couple of other occasions they have had a review of where we are after the first year. In her opinion Sy

Murray is an excellent facilitator so she didn’t see dealing with the issues that they have had, but more so of

reviewing where they are at in terms of dealing with the goals they established earlier this year.

Rimbert remarked that he didn’t have a problem with a retreat being scheduled for Council but he didn’t see

why they needed staff to be there. The things they are trying to iron out are among City Council not the

appointees.

Burgess remarked that he was not interested. Peterson said she would agree with Mr. Rimbert. If they meet it

should just be City Council, not the appointees.



Burgess asked how much it would cost the City to have Sy Murray come out to facilitate a retreat. Norenberg

remarked that the email he received from Mr. Murray indicated that he would need airfare, hotel

accommodations, and a fee of $750 per day.

Motion to have a Council retreat on February 6th beginning at 5:30 p.m. and on February 7th beginning at 9:00

a.m. at the Oberlin Inn was moved by Soucy seconded by Pearson.

Roll Call: 5 Ayes 1 Nay Motion Carried

(Burgess)

6. COUNCIL COMMUNICATIONS:

(A). Referrals

(B). Advocacy

(C). Correspondence

(D). Reports

7. CITY MANAGER’S REPORT:

Discovered glitches with grants.gov, and they have until midnight to get a grant application in tonight.

Brush and leaf collection is nearly done.

8. FINANCE DIRECTOR’S REPORT:

o Wished everyone a safe and joyful holiday season.

9. PUBLIC PARTICIPATION: None

10. ADJOURNMENT:

Being that there was no further business to come before Council at this time the meeting adjourned at 11:33 p.m.

Attest:

_____________________________ ____________________________

BELINDA B. ANDERSON, MMC H. SCOTT BROADWELL

CLERK OF COUNCIL PRESIDENT OF COUNCIL

APPROVED: 03/02/2015 POSTED: 03/03/2015

Council Wages – & OPERS aspects

December 15, 2014

• Effective 1/1/14 the minimum monthly earnable salary

(credit for continuing service) for one month of pension

credit increased to $600 (and prorated for less).

• The $600 minimum will then be indexed up based on

increases in wages for township trustees (ORC 505.24) as

described in OPERS Credit for Continuing Service ORC

145.016.

• HB661 may increase township trustee wages in 505.24 that

would then affect OPERS credit for continuing service.

• The earliest we may hear on HB661 would be the week of

December 15, 2014.

• If such an increase is adopted it is still unclear as to

whether or not the change in the minimum monthly

earnable salary will take effect in 2016 or 2017.

• In order to receive one month of credit towards OPERS

health care, after retirement, the monthly earnable

salary must me at least $1,000 (and will NOT be

prorated for less). Health care is not a mandated benefit

of OPERS, therefore OPERS has reduced this benefit,

including elimination of the benefit for spouses, and

may continue to reduce this benefit in the future.

Oberlin Charter requires that City Council member wage

increases be adopted by Council no later than the first day

of February 2015

Charter Section III

"E. Salaries. Council may determine and fix the salary of its members at its

discretion; but the salaries of Council members shall not be increased or

decreased during the elective term of office which they are serving. If Council

determines to change the established salary in respect to a succeeding term of

office, such change must be made by Council on or before the first day of

February of the second year of the elective term then being served by

Council. Unless and until the salary is so changed it shall remain as last

fixed. The salaries of Council members shall be paid in equal monthly

installments."

January 5, 2015 Council Meeting


Special Meeting on or before

February 1, 2015

Refer to Separate Summary Report

This would bring council salaries up to the health care minimum of $1,000 per month and maintain current differential for Council President and VP. And Council can consider incorporating language to include any communication devices and services, i.e. cell phones, smart phones, I-pads/tablets, internet services, etc.

Tie Council salaries to any change

implemented by 145.016, or other relevant

ORC section or action that would result in an

increase in the OPERS pension minimum

earnable salary.

Increase Council salaries to a defined amount, e.g. from $600 to $700 per month for council members, and increases for the President and VP to maintain similar differentials.

Certainly more options are available, this simply illustrates three.



Special Meeting on or before

February 1, 2015

Discussion

Other Suggestions

Direction for Staff

Documents

Work Session 6:00 p.m. Council Chambers Re: Report on the ...destinyhosted.com/oberldocs/2014/CCREG/20141215_486...Dec 15, 2014 · Work Session– 6:00 p.m. – Council Chambers