Greenfield council considers litigation

The Greenfield City Council met for approximately 30 minutes in executive session during their regular meeting Tuesday to discuss "pending or imminent litigation." 

No action was taken relating to the executive session following a vote to enter back into regular session. 

Council was joined in the session by City Manager Betty Bishop and Law Director Brian Zets. 

In previous open sessions, council has discussed the possibility of litigation regarding the contractor for phase I of the wastewater treatment plant project, which is now years past its completion date and still not finished. The city now has now accrued additional costs in the areas of engineering, and it has been suggested the construction company should pay for the additional costs. Bishop would not say if that was the potential litigation council discussed. 

Regarding the wastewater treatment plant, Bishop reported to council that a recent 4 inches of rainfall "created 18.5 million gallons of water going to the plant, causing overflow issues at the plant. The excess water also caused storm sewer issues in several parts of town, and we have addressed them on an individual basis when reported. One positive thing, we did not have reports of sanitary sewer overflows in town so our work on the sanitary sewer seems to be working and getting all of the wastewater to the plant. The issues at the plant are being addressed in phase II."

In other business, council waived the three-reading rule voted 4-1, on an emergency measure, to enter into a lease/purchase agreement for a new truck for the city's street department at a cost of $120,000.

"This truck will be used in all phases of city operations, including the plowing of snow and includes the equipment for plowing snow, spreading of salt and blacktopping operations," Bishop said in her city manager's report.

Bishop said that this truck purchase was the same one that was brought before council a few months ago. She said the city has examined various truck sizes and consulted with the office of the Highland County Engineer and sales representatives of new and used trucks.

"I, public service director Brian Smith, and the street department staff still believe this purchase is in the best interest of the city," Bishop said. "We have a job to do, and we need the equipment to get it done properly. This truck will replace the big yellow truck that was purchased new in 1983, which is similar in size. This is the size we need and the best price we can find to purchase the truck."

Bishop said that she knew $120,000 "is a lot of money. We have arranged to pay for it over a five-year period, and hopefully we can get as many years of use as we have the previous truck. We want you to know that we take your concerns seriously and we appreciate the job that each of you do, and we want to assure you that we have done our due diligence and are making our best recommendation possible."

When the vote came before council, council member William Redenbaugh said that the purchase of the truck "takes the capital improvement of the street department to the limit for the next five years."

While he said that he had concerns over the matter, council gave it to Bishop to review and that this is her recommendation. 

"At this point, I defer to the city manager," he said.  

Redenbaugh, and council members Betty Jackman, Robert Bergstrom and Brenda Losey voted for the purchase. Council member Harvey Everhart voted against it. 

Under old business, council discuss the pending project of tearing down the mausoleum at the Greenfield Cemetery. According to Bishop, the Christopher family had inquired how much it would take to make repairs to the structure, and when estimates came back, the family donated it back to the city. 

Bishop said estimates to repair just the roof would be approximately $131,000. 

Council president Betty Jackman is overseeing the project, and she reported that the city is in the process of working to have the bodies of those who are entombed in the mausoleum reinterred in the cemetery, and that the structure will eventually be torn down. The city is working with the Murray-Fettro Funeral Home in Greenfield. 

Jackman said that there are approximately 35 bodies remaining in the mausoleum and that an effort has been made to contact family members. Of the family members she has talked to, Jackman said, they were supportive of the city's decision. When the bodies are reinterred, the marble markers that were inside the mausoleum will be installed as grave markers. The structure will then be torn down, and some materials, such as the marble and granite, will be sold to recoup some of the costs. The city will have to pay for vaults for the individual reinterments, which will be approximately $400 each, she said. 

Everhart thanked Jackman for her work on what he described as a difficult project. 

In other business:

• Redenbaugh reported that the finance committee met and discussed note renewals versus bond regarding payments on the city building. The committee met with bond council from Fifth Third Bank, he said, and after "much discussion" it was determined that "bonds were far more expensive than the note renewal." The committee recommended that the city continue with the notes while attempting to pay down the principal. 

"There is $80,000-90,000 in arrears on the principal, which means the city has neglected to pay," Redenbaugh said. 

Paying that down, he said, will keep the city on track to have it paid off by 2019, when the present tax levy is set to expire. 

Additionally, Redenbaugh reported that the city is paying for two separate software packages in the finance department while the city makes a changeover from the old software to the new software. 

"The new company has been less supportive than they should be, which has resulted in the dual use," Redenbaugh said. 

He said the committee suggested finance director Karen Daniels contact the new software company and ask that they pay for the city's continued use of the old software programs because "their inefficiencies and not following up on promises has put us in this position."

At the end of Redenbaugh's report, Everhart said he wanted to note that in 2010, the city spent $43,498 more than it took in. 

After a moment Redenbaugh said, "Do you want a response to that?"

"No," Everhart said. "I'm just making a statement."

Redenbaugh said that there were several reasons that happened, but he ultimately felt it was the "smart and wise thing to do." The over-spending could have been avoided by putting off paying certain items until the new year, "but we chose to pay our bills at the time."

• In a report on the Paint Creek Joint Fire and EMS District, Redenbaugh reported that there will be a less than 10-percent increase for insurance. Additionally, the department is scheduling tests for captains and is considering approximately three captains' positions. 

• Bishop reported that she and Smith met with a company called ReLTEK regarding management "of the rail corridor for the 29 miles of rail property owned by the city of Greenfield. There are no up-front monies that will have to be paid to this company. The only way they make money is if we make money on our rents and leases. They will search the entire length of the property and look for encroachments that have happened over the years that have gone undetected. They will process new lease and license applications, review exiting lease and license agreements, do the billing and collections, work on land leases, develop and populate a lease and license database, manage our risks, and scan all lease and license agreements."

Bishop said the company was recommended by the Ohio Rail Commission and an official proposal is in development.

• It was reported that Brendan Culberson and Dustin Long were sworn in as auxiliary police officers. 

Regarding other police issues, Bishop said the rising cost of fuel is impacting the Greenfield Police Department, because the city did not budget for such high costs. 

"Chief (Tim) Hester and I have talked about this concern, and I am not receptive to cutting down on patrolling," Bishop said. "There are too many things happening as far as illegal activity is concerned, and our plans are to keep aggressively attacking all phases of crime utilizing the forces and equipment we have."