Village of Edgerton Council Meeting Minutes
Tuesday, May 4, 2021 at 7:00 PM
- Mayor Day called the meeting to order at 7:02PM with the Pledge of Allegiance and Prayer.
- Y – Yes, N – No, A – Abstain, Abs – Absent
- Roll Call:
| Muehlfeld, Roger | Y |
| VanAusdale, Leslie | Y |
| Thiel, Dean | Y |
| Wallace, Chuck | Y |
| Gruver, Jason | Y |
| Karnes, Tom | Y |
6 Members Present
Other Village Representatives Present:
- Chris Walker – Law Director
- Denise Knecht – Fiscal Officer
- Dawn Fitzcharles – Village Administrator
Media Present:
- Lyn Thompson – Bryan Times
- Cindy Thiel – Edgerton Earth
- LeAnn Childress – Village Reporter
Public Present:
- Tyson Moss, Adrian Fritch, Shelby Gillen – State Bank
- Motion to Approve Meeting Minutes from 04.20.21 :
| Muehlfeld, Roger | Y |
| VanAusdale, Leslie | Y 2nd |
| Thiel, Dean | Abstain |
| Wallace, Chuck | Y |
| Gruver, Jason | Y Motion |
| Karnes, Tom | Y |
6-0 Motion PASSED
Claims of Public: Mayor Day welcomed members of the State Bank. After the announcement of Huntington Bank leaving town in Mid-January, which would create an empty corner building downtown, Edgerton Development went to work to fill it. After a few phone calls with Mark Klein, State Bank and Brent Wilson with Edgerton Area Foundation, a plan was in place. State Bank purchased two downtown buildings. We are happy to have them in town. Mayor invited Tyson Moss and staff to the podium. The Edgerton branch will be the fifth office in Williams County. Headquarters are located in Defiance. “We are a community bank. These are the types of communities we serve. We are really excited to be here”, said Moss. They plan to open next week. The invitation was extended to all to stop in and visit the office next week. Moss thanked Mayor Day and the Edgerton Development for reaching out to them and for facilitating the transaction. They look forward to serving the community. The State Bank philosophy is to bank local and they have two local people available to serve us. Adrian Fritch, from the Edon office was present. He will be doing commercial and Ag lending as well as overseeing both the Edon and Edgerton office. Shelby Herman Gillen, an EHS grad currently working in the Pioneer office, has embraced the challenge of coming to Edgerton to run the office. Mr Moss is very excited about the team they have and the opportunity to join the community.
Administrator Report by Dawn Fitzcharles:
Dawn recently reviewed the administrative code of our codified and has been thinking about the flow of our meetings and how communication can be improved. According to our codified, reports and communication from administration is listed third in line. We rearranged the agenda to give it a try and see how it goes to have the information at the beginning of the meeting instead of at the rear.
Fire Department will have the American Red Cross Blood Mobile in Town on May 27th from 12p-6p. If anyone is interested in signing up for the event, appointments can be made through the American Red Cross.
Street Paving– Crews have begun milling & grading intersections and are ready for paving in selected locations. We have a couple areas of focus that have been identified with the streets in need of repair. First focus being to maintain the streets so that they do not go into disrepair and for the safety of vehicle and pedestrian travel. To meet this goal, in addition to paving projects, crews will also be painting rail crossings, stop bars, cross walks and school zones. It is anticipated that there will be some interruptions to the regular flow of traffic where these paving projects take place. Motorists are asked to use caution as they travel through these construction zones.
Next, there are many streets where the asphalt has been exhausted. In some areas the cold patch no longer holds. To repair these issues, it requires the milling of the surface, grading and laying new asphalt. Council appropriated $65,000 for paving in the 2021 Budget. When determining the best plan of action with the most benefit, the team decided to start with and concentrate on several bad intersections throughout town. The plan is to do additional areas once the current project is complete. We have also had some crack sealing done. More information will be provided soon.
Laubach Drive Drainage Project Bid open date will be May 7 at 10am– Once bids are opened, they will be reviewed by the engineering firm and a recommendation will be brought before Council, hopefully at the next meeting on 5/18.
The Water Tower Project #1 bid opening date will be May 14 at 11 am.
For the information of the public, an email notification was sent from Indiana Department of Transportation that Butler, Indiana will be performing a Major construction Storm Water Interceptor Project. Part of this project will require closing a portion of U.S. 6 (East Main Street, Butler IN) for a duration of approximately five (5) weeks during June and July 2021. Traffic will be detoured on portions of Ohio St Rt 49, 249 and US 6 depending on the direction of travel.
The Planning Commission met on 4/21/21 in open session to consider the petition of a lot split located at 114 Clarksville Road, Edgerton Ohio. The proposed division was in compliance with our codified ordinances and approved by the Planning Commission and information was then provided to the County. It is not necessary for this to come before Council because it met conditions within the authority of the planning commission to give permissions for the administrator to sign off. All information was verified by Mr Walker.
Administrator Fitzcharles publicly thanked Mayor Day for all of the hard work put into bringing State Bank to Edgerton. She saw firsthand how much work the Mayor put into the project. His passion and what he did for Edgerton is sincerely appreciated. State Bank will be very involved in the community and they have some great things planned.
Village Administrator Fitzcharles introduced the idea of the Village engaging in the development of a Strategic Plan and went on to explain some of the steps and the importance. This process would assist the Council and Mayor to identify Edgerton’s strategy & direction, as well as assist in the decision-making process of allocating our resources to pursue a unified plan. The strategic process basically has five steps to help explain why it would be beneficial:
- Set direction and priorities – A strategy sets the direction and establishes priorities for our organization. It defines our organization’s view of success and prioritizes the activities that will make this view our reality. The strategy will give direction and priority to our goals.
- To get everyone on the same page– Once the Mayor and Council have agreed upon the strategic direction, we will have operations, administration, economic development, and all other departments moving together to achieve these goals.
- To simplify decision-making – Our strategy will be mapped out and we will already have priority for the activities necessary to achieve success. Priorities make it easier to focus on initiatives.
- To drive alignment – Individuals and department activities will better align so all resources are utilized to maximize Edgerton’s success.
- To communicate the message – When employees and the community know where we are going, we allow even greater opportunities for success.
It was recommended that we hire a third-party facilitator. We would include the council, mayor, employees, business and industry, health care, community and someone from the school. Everyone participates. It helps establish the vison, the mission and the strategic priorities for the next 1-5 years. It opens up a format and asks the questions which allow us to better serve the community. After conversation, Council showed interest in supporting this initiative. Fitzcharles believes this will be very beneficial to our progress. Informational data and quotes will be gathered and shared.
Fiscal Officer Update by Denise Knecht:
Financials – The account month-end for April has been processed with no issues. We are now operating in the month of May. Council signatures are requested as having received the financial information by email. Overall YTD expenses as of 4/30/21 are at 28.59% which is a little under budget of 33.33%. YTD Revenues as of 4/30/21 are at 36.39% over budget of 33.33%.
On April 30, 2021 we received an additional award in the amount of $4,097.37 to the grant that was accepted at the last meeting on March 16th for the 2021 MARCS Grant. This increased the total award to $45,533.49. Chief Blue is working now to order the equipment and radios for the project.
We are in the process of learning and understanding the American Rescue Plan enacted on March 11, 2021. In mid-April the US Treasury released guidance on steps required for local governments to follow to receive payment. On April 29th the Office of Budget and Management (OBM) held the first in a series of webinars to provide local governments with updates regarding the American Rescue Plan Act of 2021. Steps were discussed for local governments to prepare items ahead of the U.S. Treasury guidance and in advance of the distribution of funds. U S Treasury Guidance regarding ARP is to be coming soon. Necessary services and infrastructure including broadband, water and sewer were briefly discussed as far as possibilities for eligible projects under the ARP with more details to come. The next meeting is scheduled for May 18th. Two necessary requirements for the Village are to have and obtain a valid DUNS number and active SAM registration, both of which we are compliant. We also need to establish a separate fund for accounting purposes. We will be bringing legislation before Council at the next meeting on May 18th to request the establishment of the American Rescue Plan Fund. The first ARP disbursement is scheduled to be received approximately 60 days after enactment (mid-May) at 50% and the second disbursement 1 year later. The amount is yet to be determined.
Mayor Update by Robert Day:
Arbor Day – In celebration of our 30th year as Tree City USA members, last Friday a tree was planted in the Town Park and was dedicated to Jim Bowsher. The community support and turnout was appreciated. Grade school children, Village employees, and family and friends of Jim attended. The wonderful turn out tells you all you need to know about Jim. People made the effort to be there. It was a special time for the Bowsher family.
Communications, Petitions, and Claims of Public:
Council received a letter by email on April 7th, addressed to the Mayor and Council from the Williams County Prosecutor’s Office requesting funding for Victims of Crime Acts Funds for Williams County Victims Assistance Program. On April 28, the VA engaged in a conference call with the Williams County Prosecutor’s Office, including the County Prosecutor Katie Zartman and Director of Victim’s Assistance program, Kim Nossaman. The Victims Assistance Program was started in the mid 1990’s and the program is still in operation under the jurisdiction of the Prosecutor’s office. The program provides victims support from the time of report of crime and through the remaining case or process with such services as a victim’s court advocate, support, and notification about criminal case through sentencing. The victim advocate walks them through the process, offers support during investigation, responds to hospitals, sexual assault, help obtain protection orders, provide referrals for services and attend court with the victim. They remain in close contact with the prosecutor regarding the case and help to establish plea agreements and restitution. When the case is concluded the advocate continues to support the victim. Due to legislative changes to the program they are requesting our help to ensure assistance to victims. In Williams County we have two full-time advocates who rotate on call 24/7 for rape, sexual assault and domestic violence calls. The program was initially funded by Federal Funds through the U.S. Department of Justice (DOJ) known as the Victims of Crime Act (VOCA) Grant. The DOJ Fund is financed by fines and penalties paid by convicted federal offenders and do not include funding from tax dollars. In October of 2020, the funding to the Williams County Prosecutor’s office was cut by 30%. In October of 2021, they will be realizing an additional cut of 30%, for an overall budget shortfall of 52%. The Office will still be tasked with maintaining compliance of law standards with less funding. The program is currently funded with 80% of the budget coming from the VOCA grant and 20% is matched by the County Prosecutor’s Office budget. They are only asking for the funds to operate on a minimum. In reviewing the line items, there is nothing to cut except personnel, which is not possible nor is the best solution for the citizens of our County or communities. The Prosecutor has asked for $5,000 for the October 2021 through September 2022 program year. She believes that the funding shortfall will be resecured by 2023. It was stated that if additional funding is made available, they would commit to returning the local government funding. She also mentioned that they do not accept donations from individuals and businesses in an effort to remain neutral to the communities they serve. This program helps shape the victim’s future life and can be the difference between someone successfully navigating the trauma or falling into poverty, alcohol and drug addiction, etc. This program provides support to our law enforcement and helps them to be successful as well. Councilman Gruver commented on the importance and the need for this program and stated that he would like to see the Village support the cause. Council will consider a motion of support at the next meeting on 5/18/21. Council was informed that support would also require a supplemental appropriation to the 2021 budget.
Reminder to the public and Council that this week we remember Drinking Water Week. The week provides water consumers an opportunity to learn about the critical infrastructure that transports water from collection to treatment to consumption and ensures drinking water is “There When You Need It.” Drinking Water Week is May 2-8. We have three amazing licensed Water Operators on staff that ensure the safety and quality of our Village drinking water, maintain the infrastructure in our community and are available to work around the clock. These gentlemen are subject to emergency response at any time, 365 days per 24/7 to ensure our tap water is there when you need it.
Committee Reports:
Mayor reported that that Park Board meetings in March and April have resumed with lots of enthusiasm. We have a meeting scheduled for May 12th at 5pm. Council and the public are invited to come, listen and provide opinions. Items of discussion at previous meetings included:
Two gliders as well as Edison lights have been added to the band stand.
Cinco De Mayo- May 5th there will be a food truck downtown from Noon to 7pm with live music at the bandstand in the evening.
Indigo, the company that performed work previously on Paw Pound, is preparing to install the small piece of playground equipment at Miller Park Munchkin Junction for a reasonable price. Once that piece has been installed, they will have a better idea of what it will take to install the larger item. Both items were purchased in 2020. Park Board would like to see the larger piece placed at Gerhart Fields.
Park Board also picked a rope style piece of playground equipment that they would like to order and is to be added to the Munchkin Junction area. Mike Hibner from Mid-States Recreation is working with us.
Chains and swing seats are scheduled to be ordered based on the quote received yesterday.
We would like to try to power wash the cement and update the backboard on the basketball court at Paw Pound.
Mayor informed all that the Park Board is interested in looking at what we can do for long term for Town Park.
- Motion to approve Bill’s List 05.04.21:
| Muehlfeld, Roger | Y Motion |
| VanAusdale, Leslie | Y |
| Thiel, Dean | Y 2nd |
| Wallace, Chuck | Y |
| Gruver, Jason | Y |
| Karnes, Tom | Y |
6-0 Motion PASSED
Police Use of Force Policy update by Chief Dan Griffin: Chief Griffin introduced the changes, updates and mandates to the following three policies and informed Council that all items have been ran through our attorney, Mr Walker and meet the Ohio Collaborative Standards to date. Once Council approves these policy changes, we will be in compliance with Ohio Collaborative Standards. The discussion was in regards to the following topics; Use of Force Policy, Recruiting and Hiring Policy, Handcuffs and Restraints Policy. It is important to have these policies in place to qualify for specific grants. Officer Griffin respectfully asked for Council’s support in approving these policies. VanAusdale asked what Council’s responsibility is regarding these policies. Mr Walked reviewed the policies and commented that these departmental policies need to have the backing of the council so that our officers are not complying only with State Policy but also the policies of our Municipality. VanAusdale feels that these policies are overwhelming and wonders how she could bless something she does not understand. Who came up with the language? Has Mr Walker read the policies? Mr Walker responded that he has read them and that the language is very standard among many other departments. These policies would become part of our standard operating procedures once approved.
- Motion to approve Police Use of Force Policy Update:
| Muehlfeld, Roger | Y 2nd |
| VanAusdale, Leslie | NO |
| Thiel, Dean | Y Motion |
| Wallace, Chuck | Y |
| Gruver, Jason | Y |
| Karnes, Tom | Y |
5-1 Motion PASSED
Chief Griffin stated that his recommendations for this policy were taken directly from the Ohio Collaborative information. One of the main points to be included is that we are an Equal Opportunity Employer. There were no concerns from Law Director regrading this update.
- Motion to approve Police Recruiting and Hiring Policy Update:
| Muehlfeld, Roger | Y Motion |
| VanAusdale, Leslie | Y |
| Thiel, Dean | Y |
| Wallace, Chuck | Y |
| Gruver, Jason | Y 2nd |
| Karnes, Tom | Y |
6-0 Motion PASSED
This section of the policy prohibits handcuffing pregnant women. They are not to be handcuffed unless emergency specifications are met. The Law Director reviewed this policy as well.
- Motion to approve Police Handcuffs and Restraints Policy Update:
| Muehlfeld, Roger | Y |
| VanAusdale, Leslie | Y |
| Thiel, Dean | Y 2nd |
| Wallace, Chuck | Y |
| Gruver, Jason | Y Motion |
| Karnes, Tom | Y |
6-0 Motion PASSED
2021 Police Cruiser Purchase- At the last Council meeting, Council authorized the cancelation of the police cruiser ordered in year 2020 from Larkin Greenewood Ford. Council also authorized entering into a new purchase agreement for a 2021 Ford Explorer interceptor at the State of Ohio purchase price contract in the amount of $33,378.00. The dealership was notified and responded with both parties agreeing to cancel the previous purchase.
At the last meeting Council inquired about the cruiser to be cycled out. Chief Griffin solicited the professional opinion of Dave Brown at Jason Dietsch Sales. His quote “In my professional opinion, if given the option to replace one of the Dodge Chargers in your police fleet, I would sell the 2010 and keep the 2013. My opinion is based on my service knowledge of both vehicles and mileage.” This is the same opinion of the Chief. The sale of the property will come back before Council for approval at a later date.
As council was advised at the last council meeting, we had a second police car in the 2021 budget and issued the purchase order against this appropriation for the replacement cruiser noted above. This request is to purchase the 2021 Utility Interceptor road ready cruiser #2 from Statewide Ford Lincoln in the amount of $45,399.00. The next item on the agenda is to appropriate the funds since the purchase order for the first police cruiser was already closed.
Wallace asked why wouldn’t we do a strip down model instead of getting one already packaged. Griffin commented that State Wide is in the business to provide turnkey vehicles. Wallace suggested looking at the cost of turnkey vs stripped down model. Griff stated that the cost of the turnkey is more expensive and not necessarily equipped the way he would want the vehicle. On the other hand Griff mentioned that State Wide has been very easy to work with and the salesman actually came to Edgerton to ensure the first vehicle is how we indeed it to be. Griffin has been impressed with their service. Griff says the price difference is around $3,000.00. Dawn mentioned that she isn’t sure that the amount given is correct based on the time spent on the project and installation cost. Gruver asked if installation was included in the strip down model or if there would be extra costs. Council sent Griffin back to explore the quotes and costs and get back to them at the next meeting. With that, Ordinance #1079 was tabled until the next meeting.
LP Electric Rate Decrease- Last year, Council authorized an annual rate review with Courtney and Associates. The Village of Edgerton has worked with Courtney and Associates since the early 1980’s. On April 20, 2021 John Courtney presented to Council the results of his revenue analysis and gave two recommendations. The first being to decrease costs for large power customers. The large power rate recommendation was to reduce by $0.01 per kWh lowering the Energy Charge from 5.55 cents per kWh to 4.55 per kWh. A typical average bill comparison for the Large Power Rate which reflects Edgerton’s current rate and the proposed rate was provided, as well as a comparison to our neighbor, Toledo Edison’s current rates. The proposed rates make us more competitive. For our largest customers, on average, this reduction will net around $4,000 per month, the mid-size large power from $300 to 2,500 per month. We have asked that the Council consider this rate reduction as an emergency measure so that our large power customers can experience the reduction with the next billing cycle to be rendered for bills on June 1st.
VILLAGE OF EDGERTON ORDINANCE NO 1080
AN ORDINANCE AMENDING SCHEDULE “LP” OF THE RATES TO BE CHARGED CERTAIN ELECTRIC CONSUMERS FOR SERVICES SUPPLIED BY THE VILLAGE OF EDGERTON, OHIO AND DECLARING AN EMERGENCY
- Motion to suspend the three-reading rule on Ordinance No 1080:
| Muehlfeld, Roger | Y |
| VanAusdale, Leslie | Y 2nd |
| Thiel, Dean | Y Motion |
| Wallace, Chuck | Y |
| Gruver, Jason | Y |
| Karnes, Tom | Y |
6-0 Motion PASSED
- Motion to pass and adopt Ordinance No 1080 as an emergency:
| Muehlfeld, Roger | Y |
| VanAusdale, Leslie | Y |
| Thiel, Dean | Y |
| Wallace, Chuck | Y |
| Gruver, Jason | Y 2nd |
| Karnes, Tom | Y Motion |
6-0 Motion PASSED
Sewer Rate Increase- The second recommendation to Council from Courtney and Associates on April 20, 2021 was a proposal to change sewer rates. For the typical residential customer, using the average 3,500 gallons of water per month, their sewer bill would increase from $25.70 under the current rate structure to $26.49 under the new rates, for an increase of $0.79, or 3.1%. If Council recalls, the estimated revenue needed to continue to operate and maintain the sewer system are not sufficient and the recommended increase is to keep up with inflation.
VILLAGE OF EDGERTON ORDINANCE NO 1081
AN ORDINANCE ADOPTING SANITARY SEWER RATES REPEALING ORDINANCE NO 969
- Motion to give 1st reading on Ordinance No 1081:
| Muehlfeld, Roger | Y 2nd |
| VanAusdale, Leslie | Y |
| Thiel, Dean | Y |
| Wallace, Chuck | Y Motion |
| Gruver, Jason | Y |
| Karnes, Tom | Y |
6-0 Motion PASSED
Resolution No 2021-005 Discussion- Municipal officials have recognized the potential for significant shifts in municipal income tax revenue will 1) the trend of employees working at home continue beyond the State of Emergency related to COVID-19; and 2) the associated municipal income tax revenue follows the employees to their home communities as opposed to being paid to the former workplace communities. RITA, as the municipal income tax administrator for more than 330 Ohio cities and villages, has developed a method for it to estimate the potential revenue impact on its members. Based on this method calculations show that we could potentially see a 4% to 13% decrease in revenue. Keep in mind these are estimates and involve a number of assumptions. We are not exactly sure how this could impact Edgerton therefore we request to pass legislation to oppose HB-157, amending the law regarding withholding Municipal earned income tax for those working virtually/at home. Councilman Karnes raised questions about the formula and if this is advantageous for us. Gruver stated that passing the resolution doesn’t change anything for us. Everything basically remains the same. Reciprocity and refunds are a concern for some of the communities involved. Mr Walker instructed that the resolution is basically a statement of our position. Emergency language is not necessary.
VILLAGE OF EDGERTON RESOLUTION NO 2021-005
A RESOLUTION OPPOSING SUB. HOUSE BILL 157 AMENDING THE LAW REGARDING WITHHOLDING MUNICIPAL EARNED INCOME TAX FOR THOSE WORKING VIRTUALLY AND/OR AT HOME
- Motion to pass and adopt Resolution No 2021-005 immediately:
| Muehlfeld, Roger | NO |
| VanAusdale, Leslie | Y |
| Thiel, Dean | Y Motion |
| Wallace, Chuck | NO |
| Gruver, Jason | Y |
| Karnes, Tom | NO |
The Council vote was split so Mayor Day was called upon to break the tie.
| Mayor Day | Y |
Motion PASSED 4-3
Council Discussion:
Chuck wants to talk about the Park situation at the next meeting. Please put on the agenda. Mayor Day responded with the recommendation that he attend the next Park Board meeting on May 12th at 5 pm. Wallace responded with he would be there.
VanAusdale is excited about the Food Tuck being down town tomorrow and looks forward to hearing feedback.
Kuboda Grant was questioned. Dawn responded that an opportunity for the grant came up and we applied for a Pickleball and Basketball Court for the down town park area. Mayor Day interjected that the location came from the wishes of the Park Board. VanAusdale’s concern is that it appears that we are trying to develop a park down town and we’ve never said that is the park we want to develop. Park Development takes money. Park Board doesn’t have the money. The purse strings are held with Council. Developing a downtown park may not be the focus that several people sitting at this table or people that we represent think is in the best interest of our community. Mayor tried to get park board meetings going. He came up with ideas and a drawing and is very excited about starting this conversation. Mayor feels that the down town park needs to be developed and have something positive there for the people. VanAusdale agrees that downtown needs improvement like the bandstand and the pavilion but people have asked her why we would develop a park on two major highways, with a train track and emergency vehicles constantly passing through. Mayor stated that the answer to that is because that’s who Edgerton is. Bringing activity to the downtown area is a major focus for the Mayor. The vision needs to be agreed upon by both boards. Dawn suggested that this the main reason for a strategic plan. She would prefer to be moving toward a common mission and vision and do work that propels us forward.
Electric Vehicle Project Station – Council person VanAusdale wonders if this the direction we want to go? Do we want to spend $12,000? VA sees this as an opportunity for us to sell more electricity and bring infrastructure to our region and county. Overall, she sees this as a value-added service to provide to people traveling through our community. This could be considered a risk but the $12,000 is over a 5-year period. Mayor Day stated that Charge point apps will have us on the map. It could bring people to our businesses while charging their vehicles. It could make Edgerton, Ohio a destination. This is positive and forward thinking. Wallace brought up the idea of going with a solar project instead of Charge point. The decision was made to hold the project for now to give members time to process. VanAusdale suggested it be placed on the agenda for the meeting in 2 weeks. Gruver has some concerns with the unknown in the automaker industry and the government. Who knows if in 3 years the government will help us put in these stations?
Chuck requested to have tournament info on the sign out front. Chuck was told to contact Amanda with details and make a request and we would be glad to add to the sign.
Based on the length of the meeting the Mayor reminded members that if anything comes to mind during the next two weeks, please take advantage of contacting administration prior to the meeting as a time saver in hopes to shorten meetings.
- Motion to adjourn at 9:30PM:
| Muehlfeld, Roger | Y 2nd |
| VanAusdale, Leslie | Y |
| Thiel, Dean | Y |
| Wallace, Chuck | Y |
| Gruver, Jason | Y |
| Karnes, Tom | Y Motion |
6-0 Motion PASSED