City Council

Council Meeting Minutes January 13, 2020 6:45 p.m. Roll Call: Householder, Phillips, Aberegg, Hughes and Jones RE-ORGANIZATION a. Councilmembers drew seats for the year. b. Motion by Householder, seconded by Aberegg to nominate Phillips as President Pro tempore. No other nominations were made. ROLL CALL: Upon roll call the motion passed with Mrs. Phillips abstaining. c. Council Rules were sent to members prior to tonight’s meeting. Mayor Harp had the Clerk explain an alternate way to take Council roll call. The Clerk explained that the roll would be called as it was tonight then the second vote would start with the second person, the next vote with the third person and the rotation would continue for each vote. This roll would not have members voting in the same order all the time. Householder asked if there were any Council Rules addressing calling roll. Mayor Harp stated no. Solicitor Tolson stated there was something in writing but she was not sure where. Householder said she preferred keeping the roll call as it previously was. Aberegg said what ever is easier for the Clerk. After a brief discussion Council agreed to keep the roll call as in the past in the same order each time. d. Boards and Committees. Mayor Harp said he did his best to put everyone in the committees they wanted. Usually he tries to rotate the committees however, he did keep Aberegg as the Finance Chair. Mayor Harp read the following Board and Committee assignments: Finance/Employee Benefits, Health Care Committee 1. Marvin Aberegg – Chairperson 2. Briana Jones 3. Vacant (to be filled with the Council person appointed to fill the vacant seat) Legislative 1. Briana Jones – Chairperson 2. Samantha Phillips 3. Bette Householder Capital Improvements 1. Corey Hughes – Chairperson 2. Marvin Aberegg 3. Vacant  Annexation/Business and Land Development 1. Bette Householder – Chairperson 2. Corey Hughes 3. Samantha Phillips Service Maintenance/Storm Water Committee 1. Samantha Philips – Chairperson 2. Briana Jones 3. Vacant Safety Committee 1. Vacant 2. Marvin Aberegg 3. Corey Hughes Parks & Recreation – Council Representative Householder Planning & Zoning – Council Representative Jones Civil Service – Council Representative Fireman’s Dependency Board – Council Representative Householder; Hughes and Fireman, Hershberger/Seevers. Bill Williams (Williams/Case Ins) Veterans Memorial Maintenance – Council Representative Phillips Fair Housing Board – Rosemary Lee, Jack Schragg, Judy Snyder Retention Committee – Mayor, Manager, Solicitor, Citizen Representative Lynn Moore, Charter Review Commission – Dave Scarpitti Chairman, Susan Jackson Secretary, Scott Latham, Kathy Schoeder, Bob Slasar, Warren Burd Mayor Harp declared these the 2020 Boards and Commissions with no objections. Mayor Harp also noted that the school board would be meeting tonight to make their appointments to Village boards. Solicitor Tolson asked if all appointments were in compliance with Section 7.09 General Provisions and were qualified electors. Mayor Harp stated all were in compliance. Aberegg made a motion seconded by Phillips to adjourn into executive session at 7:01 p.m. to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official specifically to review all the applicant’s letter of consideration for the open Council seat. ROLL CALL: ALL AYES Council adjourned the executive session and reconvened the meeting at 8:10 p.m. Mayor Harp thanked everyone who applied. He asked if you applied and were not chosen that you consider serving in a different way, the Village needs people. Hughes made a motion seconded by Aberegg to appoint the vacant council seat to Gail Crine for the unexpired term expiring December 2021. ROLL CALL: ALL AYES Mayor Harp administered the Oath Of Office to Gail Crine. Reading and Disposition of the minutes of the previous meeting; Householder made a motion seconded by Aberegg to dispense with the reading of the minutes from the December 16, 2019 Special Meeting and December 23, 2019 Regular Meeting and accept as presented. ROLL CALL: ALL AYES Citizens Comments: Mayor Harp explained Council Rules for comments. Mr. Bailey, 656 West Ohio Avenue, Sebring – Was a member of the Fire Department and asked how a Fire Chief could be hired that does not meet the minimum requirements as set by this Council. He asked how they could get rid of 70 years of experience on the Fire Department. Mr. Bailey also asked if the Interim City Manager had the power to make these decisions and that the Charter states the City Manager must be a resident in six months. Mr. Bailey said he has been a member of the Fire Department for over 20 years and he did not get an interview for the Chiefs position and stated the Manager told him the Mayor did not like him. Mayor Harp said he did not believe we should discuss personnel matters at this time and asked the Solicitor. Solicitor Tolson said they could discuss personnel issues in open session. She noted that if this were to be in executive session the person being discussed could ask that it be discussed in the open. Solicitor Tolson read Article 5, Section 5.03 in reference to the City Manager’s position. She stated that until a full-time City Manager is appointed the Acting Manager can serve beyond six months and has all the rights and responsibilities as a full-time manager. Mr. Harp stated to Mr. Bailey that he was not involved in the decision. Householder stated the Safety Committee set qualifications. Phillips asked if those qualifications were passed as legislation. Solicitor Tolson stated they were guidelines and never adopted by Council. Mayor Harp said he would work through the City Manager to see what actually happened. Householder said she took an oath to uphold the Charter and asked if there was something that states the qualifications of the Fire Chief. Solicitor Tolson said nothing that she was aware of. What the Safety Committee adopted was procedural and what was posted in the paper for the job notice. Aberegg asked if the Clerk could find the minutes or legislation dealing with the qualifications. It was discussed and thought to be in 2015. Solicitor Tolson said if the qualifications were not adopted as legislation then they are not requirements for the job. She also stated there is nothing in the Charter. Joe Igro thought it should be in the legislation when they reorganized the Fire Department. There was some discussion on the wording that mentioned the Deputy Fire Chief. Brad Harlan, 680 West Georgia said he has been a resident his entire life and around the Fire Department his entire life. This Saturday would be his 23rd anniversary on the Fire Department. He reviewed his certifications and progress through the department. Mr. Harlan said the reward he got because of a comment on Facebook questioning the current Chief’s certification or lack thereof was two cops at his door, no call from anyone, and termination. Mr. Schroeder, 767 South 14th Street said he moved here in seventh grade and his great grandfather was Mayor. Mr. Schroder said he graduated in 2000 and in 2001 he joined the Fire Department. He worked his way through the department and has given back to the community. He had a “beef” with Gail Blair which was nothing to do with the Fire Department and he also had police at his door and was terminated. Mr. Bailey said Mr. Haney called him at work and demanded he meet him in the City Manager’s office at 3:00 p.m. He told Mr. Haney he could not make that time. Mr. Bailey said he called the Fire Chief to find out what was going on. He met the Fire Chief at the tire shop and was told he would be getting a termination letter. He also said he was told that when Mr. Haney was done, he would be brought back to the Department. Mr. Bailey said there was no cause for the termination but he knew because he was told by the Solicitor that it was because of a plastic box around a radio he broke. Mr. Bailey said he asked the Acting Chief is he could remove the box and was told yes. He did unintentionally break the box while removing it. Mr. Schroeder said they did the right thing and hired them back but then hired Attorney Comstock at $100.00 an hour to try the case for the Village. Joe Amabeli, West Florida Avenue said four or five years ago the Village adopted a social media policy. He asked if it was still in place? He also asked if the policy had a progressive discipline or mean of appeal outlined. Mayor Harp said the policy was still in effect. Mr. Harlan said there is a policy within the Fire Department Rules and Regulations. Mayor Harp said this issue would be taken under advisement. Aberegg asked if this would be sent to the Safety Committee. Crine said it is common practice to review and sign off on the policy each year. She suggested this be looked into. Mr. Haney stated that there were infractions and that was all he would say at this time. Debbie Green 572 West Oregon Avenue stated at her work they have to sign off that they received the policy book. If they did not sign off, she asked how they could be held accountable. Brian Anderson, 835 West Ohio stated the previous Fire Chief had them both sign off on the Rules and Regulations book with the social media policy. He felt that it was a First Amendment Right and they could talk about something that was not related to the Fire Department. Brad Harlan said while he spoke objectively on the post if he broke policy past practice was progressive discipline going from verbal, written, suspension them dismissal. Why a guy with 25 years and a spotless record was terminated was beyond absurd. Solicitor Tolson was asked if a Village employee had the right to say what they wanted on Facebook. Solicitor said there were two issues being discussed here; one was the qualifications of the Fire Chief; and two was discipline. These are two separate issues. Communications and Petitions: Tolson stated the Handbooks for the Village and Fire Department need to be cross referenced so they do not conflict. Reports of Council Committees and Council Representatives Finance/ Employee Benefit Health Care: (Wright) No Meeting – Aberegg Aberegg made a motion seconded by Phillips to pay the December 6, 2019 through December 31, 2019 bills when funds were available. ROLL CALL: ALL AYES  Legislative: (Jones) No Meeting Capital Improvements: (Hughes) No Meeting Annexation & Business and Land Development: (Householder) No Meeting Service Maintenance/ Storm Water: (Phillips) No Meeting Safety: (Crine) No Meeting Parks and Recreation: (Householder) No Meeting Planning and Zoning: (Jones) No Meeting Civil Service: (Crine) No Meeting Veterans Memorial Maintenance Committee: (Phillips) No Meeting Managers Report: (Manager Jack Haney) • Working with Huntington Bank to enact on line payment ability. • Working with NOPEC in order to have information in the hands of voters prior to the ballot on March 17th. • Held a bid opening for the W. Texas water tanks and generators. Ten contractors submitted bids. Report of other Village Officials Mayor Harp noted the year end carry over in the General fund was $654,094.00 Mr. Haney stated the lifeguard applications are being accepted and the information is posted on social media. Aberegg asked Sanor if the alley by the library on the 200 block between Oregon and Ohio could get some holes fixed. Sanor said he would look at it and if needed get a hold of the contractor who recently worked in that area. Ordinances and Resolutions: New Business: Ordinance 01-2020: An ordinance authorizing and directing the municipal manager to enter into a contract with Thomas Fok & Associates, Inc. for engineering services for the Virginia Avenue improvement – Phase 1; and declaring an emergency. Mayor Harp stated Hughes would be listed on the legislation as sponsor Mayor Harp read Ordinance 01-2020. Aberegg made a motion seconded by Hughes to adopt Ordinance 01-2020 as read in its entirety with the emergency clause. ALL AYES Phillips made a motion seconded by Aberegg to read Resolution 02-2020 by title. Mayor Harp read Resolution 02-2020: A resolution authorizing the acceptance of a 2009 Ford Crown Victoria VIN: 2FAHP71V89X102667 and decaled donated from the Sebring Police Association, Inc for the us by the Sebring Police Department. Aberegg made a motion seconded by Jones to adopt Resolution 02-2020 as read. ROLL CALL: ALL AYES OLD BUSINESS: Tabled 12-16-2019 #27-2019 An Ordinance adopting the settlement agreement between the Village of Sebring and the Township of Smith, pursuant to R.C. 9.24(B)(4) which agrees to abate and waive collection of all unpaid fire funds in the amount of $111,020.00 due to the Sebring Fire Protection contracts fund, and declaring an emergency. Council agreed to leave this ordinance on the table. Second Citizens Comments: None at this time. Other Business: Hughes asked about the money for the Parks and if it was ok to use the park funds and move money where needed as they have done in the past. Finance Director Zion explained where funds were posted, but noted that it depends on Council and the fate of the Community Center. Fund 202 in 2019 had $93,000 in disbursements verses $93,000 in receipts. He questioned if Council would want to put money into a fund that is already in a deficit. Aberegg suggested this be sent to the Finance Committee and a meeting be held with the Finance Director to discuss the Community Center. Aberegg also asked about trash pickup day since trash aggregation has not gotten rolling. Mayor Harp discussed the substantial amount it cost the City in the past. He said they did budget dumpsters for behind the Fire Station for people to bring trash to. Aberegg felt it has been to long without any kind of pick up. He suggested maybe doing half the town this year and the other half next year. Mayor Harp said he hoped to get gas aggregation into a contract. Jack Gibson 215 East Georgia asked if this would go to the voters or if Council would make the decision. Mayor Harp explained that Council would make the decision, but if there was not a savings to the citizens why do it. Executive Session Hughes made a motion seconded by Phillips to adjourn into executive session at 9:10 p.m. to consider the appointment, employment, dismissal, discipline, promotion, demotion, or compensation of a public employee or official specifically to discuss the Solicitor and Village Manager positions with possible action following. ROLL CALL: ALL AYES Motion by Phillips seconded by Aberegg to adjourn the executive session at 9:42 p.m. ALL AYES. Adjournment: Motion by Phillips, seconded by Aberegg. ALL AYES Meeting adjourned at 9:42 pm. _____________________ James J. Harp Acting Mayor/President of Council _______________________________________ Respectfully submitted by Acting Clerk of Council