City of Fairfield City Council met Oct. 8.
Here is the minutes provided by the council:
Meeting called to order by Mayor Brent Maguire at 6:00 P.M.
Prayer led by Alderman Ralph Barbre followed by the pledge of allegiance to the flag.
City Clerk Tina Hutchcraft called the roll:
Mayor: Brent Maguire
City Clerk: Tina Hutchcraft
City Treasurer: Julie Duncan
City Attorney: Darrin Rice
Aldermen: Ralph Barbre; Brett Coale; Jim Griffith; Tyler Lampley; Eugene McGill; Jerry Lisenbee; Terry Stahl; Gary Moore
Also Present: David Mills, Wayne County Press; Ken Otey, WFIW Radio; Andrew Miller, Fire Chief; Keith Colclasure, Police Chief; Silas Eckleberry, Assistant Police Chief; Dian Downs; Tyler Lashbrook, Electric Department; Flo Simpson; and other citizens from the community.
The minutes of the meeting of September 24, 2019, agendas and bills of October 8, 2019 were sent out to those entitled to receive them. Mayor Maguire asked for approval of the minutes for the September 24, 2019 meeting. Motion by Alderman McGill, seconded by Alderman Lampley to approve the minutes of the meeting of September 24, 2019.
Vote yes: McGill; Moore; Stahl; Barbre; Coale; Griffith; Lampley; Lisenbee
Vote no: none
Mayor Maguire declared motion carried.
Mayor Maguire asked for approval to pay the bills for the October 8, 2019 meeting. A motion was made by Alderman Barbre, seconded by Alderman Coale to approve the bills for payment.
Vote yes: Moore; Stahl; Barbre; Coale; Griffith; Lampley; Lisenbee; McGill
Vote no: none
Mayor Maguire declared motion carried.
Public Comments – Kenneth Lackey lives at 410 SE 7th Street. He addressed the Council about concerns he has with dogs that are in his neighborhood. Three pit bulls have killed at least eleven cats and a dog has also bitten a little girl that lives in the neighborhood. He stated that owners need to be held accountable for the actions of their animals.
Ordinance to Rezone Property – A public hearing was held earlier concerning a request to rezone property located at 400 West Center from an R-2 zone to a B-3 zone. At the public hearing the Council heard testimony from those in support of the rezone and those opposed to the request. Mayor Maguire read the basic provisions of a B-3 zone district. Because of what the B-3 district allows beyond tourist homes, Alderman Griffith said he wouldn’t want the other things to be in his neighborhood. Alderman Coale feels this type of establishment is needed but suggested that instead of rezoning the property to a B-3 the Council might consider creating a new zone to allow an airbnb. Mayor Maguire said he feels the majority is not opposed to what the Mason’s are doing but there is a concern about whether or not the existing B-3 district is the proper zone for this area. There was no motion to approve the proposed ordinance so Mayor Maguire said this request will be tabled at this time until other options can be explored. Alderman Moore asked why we needed to rezone this property because he pointed out that we do not require people to rezone property to a B-3 district when the property is being used for rentals. Attorney Rice said the airbnb is a business the city could collect hotel taxes on but we can’t for rental homes.
Trick or Treat Dates – Trick or Treat dates will be Wednesday, October 30th and Thursday, October 31st from 5:00 – 8:00 p.m.
Resolution No. 19-1008-323/Street Closing for Christmas Parade - The Kiwanis Club is sponsoring a Christmas Parade and they are requesting permission to close a portion of Main Street for this event. The parade is scheduled for Saturday, December 7, 2019 at 4:30 p.m. with an alternate date set for December 14th. Alderman McGill made a motion, seconded by Alderman Stahl to approve Resolution No. 19-1008-323 approving the street closing for the Christmas Parade.
Vote yes: Barbre; Coale; Griffith; Lampley; Lisenbee; McGill; Moore; Stahl
Vote no: none
Mayor Maguire declared motion carried and Resolution No. 19-1008-323 approved and duly adopted.
Award Bid for the Sale of the Electric Department Digger Truck – The Council set a minimum bid of $5,000 for the sale of this vehicle. The only bid received was from Troyer Electric Inc. in the amount of $7,000. A motion was made by Alderman Griffith, seconded by Alderman Stahl to award the bid for the sale of the 1985 Chevrolet Altec Tandem Digger Truck to Troyer Electric in the amount of $7,000.
Vote yes: Coale; Griffith; Lampley; Lisenbee; McGill; Moore; Stahl; Barbre
Vote no: none
Mayor Maguire declared motion carried.
Request for Proposals for Garbage Service – Our contract with Republic Services expires at the end of February 2020. Mayor Maguire would like to seek bids for a new garbage contract. The specifications include options for a three year contract as well as a five year contract. This will be for a weekly pickup based on our current number of customers with proposals submitted as a cost per residence per month. Other options include a bi-monthly bulk item pick-up and a monthly bulk item pick-up. Proposals need to be received by November 7th at 11:00 a.m. in the City Clerk’s office. A motion was made by Alderman Stahl, seconded by Alderman Lampley to approve seeking requests for proposals for a garbage service contract.
Vote yes: Griffith; Lampley; Lisenbee; McGill; Moore; Stahl; Barbre; Coale
Vote no: none
Mayor Maguire declared motion carried.
BHMG Agreement – Mayor Maguire presented an agreement with BHMG Engineers. We have had discussions recently about issues with our electric distribution system. There is a lot of work that needs done including a reliable back-up to our system. This agreement with BHMG is to provide professional engineering services to develop a planning report for the evaluation of our distribution circuit and substation condition, capacity, and suggest necessary improvements; prepare system load forecasts; present substation and circuit metering and instrumentation requirements. This study will help to plan and prioritize what needs to be done on our system over the next five to ten years with an estimated cost to do so. The study will take approximately four months to complete and the cost is approximately $20,000. Alderman Barbre stated he did not see the report in his update and had not reviewed the agreement and did not feel comfortable in approving it. A motion was made by Alderman Griffith, seconded by Alderman Coale to approve the memorandum of agreement with BHMG to prepare an Electric System Planning Report.
Vote yes: Lampley; Lisenbee; McGill; Moore; Stahl; Coale; Griffith
Vote no: Barbre
Mayor Maguire declared motion carried.
Mayor Maguire told the Council there has been something that has been on his mind and heart for a while and he feels like he hasn’t spoken up when he should have. He stated that he did not have this item about removing the limit on the number of Class A liquor licenses on the agenda at the last meeting because of his personal convictions and he should have come forward and explained that to the public and the Council. He does not feel the liquor ordinances that have been approved recently and the ones we are considering tonight are the answers to the City’s problems. He doesn’t think the amount of revenue we would bring in is worth some of the problems they will create. He stated that he was speaking personally, as an individual, and he realizes that his role as mayor is different. He knows that grown people are going to do what they want to do but in his perspective as a children’s pastor at his church he doesn’t think it is right for him to let his kids think it is okay…because he is not okay with it. He also spoke about cannabis and the new law going into effect legalizing it. He feels the same way about that. With a drug such as cannabis … just because we can doesn’t mean we should. Just because there are financial benefits to the city doesn’t mean we should approve it, especially when it is still a federal crime. He stated that in his position as mayor and liquor commissioner, he will respect the wishes of the Council and whatever is voted he will carry out his duties diligently.
Alderman Griffith stated he felt the Council has been spending too much time on discussions concerning liquor and cannabis when we should be searching for new jobs in Fairfield.
Amendment to Liquor Ordinances Removing the Limits on Number of Retail Licenses – Mayor Maguire stated that Class A licenses permits the retail sale of alcoholic liquor in sealed containers for consumption off the premises where sold only and not for resale in any form, provided however that no Class A license shall operate or sell any alcoholic liquor through any drive-in, drive-up or walk-up window. If we approve this ordinance it would allow liquor sales at any retail establishment. Alderman Coale made a motion, seconded by Alderman Stahl to approve the amendment to the liquor ordinance removing the limit on the number of retail liquor licenses.
Vote yes: Moore; Stahl; Coale; Lampley
Vote no: Lisenbee; McGill; Barbre; Griffith
Mayor Maguire voted to break the tie and he voted no. The amendment to the ordinance did not pass.
Amendment to Liquor Ordinances Allowing Sunday Hours for Class A License Holders – This ordinance would allow holders of a Class A liquor license to have Sunday hours from 11:00 a.m. to 9:00 p.m. A motion was made by Alderman Coale, seconded by Alderman Moore to approve this amendment.
Vote yes: Moore; Stahl; Coale; Lampley
Vote no: McGill; Barbre; Griffith; Lisenbee
Mayor Maguire voted to break the tie and he voted no. The amendment to the ordinance did not pass.
Resolution to Declare Dangerous Buildings – Chief Colclasure and Mayor Maguire recently spent some time around the city looking at dilapidated and dangerous properties as well as nuisance properties. They have developed a list of dangerous buildings around the city. Reports and pictures of properties located at 1014 North Epworth Street and 807 Walker Street were included in the aldermen’s update. A resolution to declare these properties as dangerous buildings was also included. Once the Council declares these properties as dangerous buildings the City Clerk will send letters to the owners of the property notifying them that the property has been found to be a nuisance and a dangerous building and they are to remedy the condition or demolish the buildings immediately or the city will proceed to do so. They have the right to appeal within 30 days. If they do not comply, then we will have to take them to court. A motion was made by Alderman Moore, seconded by Alderman Coale to approve this resolution to declare structures located at 1014 North Epworth Street and 807 Walker Street as Dangerous Buildings.
Vote yes: Moore; Stahl; Barbre; Coale; Griffith; Lampley, Lisenbee; McGill
Vote no: none
Mayor Maguire declared motion carried and Ordinance No. 19-1008-324 approved and duly adopted.
Alderman Griffith asked about the status of property located on North First Street that had been declared a dangerous building by the Council previously. Mayor Maguire stated that property is no longer a dangerous building but a nuisance issue and it is being addressed now in court.
Atkinson Forest Projects – The Atkinson Forest Steering Committee has asked the Council to enter into an agreement with the Park District to take care of Atkinson Forest. Mayor Maguire has spoken with the park board and at this time they are not in a position to do so. The City does have an agreement in place with IDNR that requires a certain level of maintenance to occur. Our Street and Bridge Department Leadman has said he would be willing to set aside a couple of hours each week to devote to the forest such as mowing and clearing the trails. Mayor Maguire said just because a formal agreement hasn’t been approved does not mean that work and certain projects cannot be completed. He would like to meet with the steering committee to work with them on prioritizing projects. At this time we cannot commit money but we could commit time and equipment to get some of the projects completed. The committee said that Wayne-White had said they would provide wood chips for the walking trails. This project could still be completed. The committee also wanted to have a roadway and a parking area constructed. Mayor Maguire stated at this time it doesn’t mean they have to be paved but they could be gravel at this time. Alderman Coale stated that since he moved back to Fairfield 5-6 years ago he feels like nothing changes in Fairfield. He feels Atkinson Forest is a gift to the city and it would provide a lot of recreation to the city if it were to be developed. Alderman Moore has attended a park board meeting and they do not have funds to contribute to the project and do not seem to be interested at this time and he doesn’t feel the city is financially stable enough to be involved either. Mayor Maguire would like to meet again with the committee about some of these projects and what it would take to complete them and what they would be willing to contribute to these projects. Mayor Maguire would then come back to the Council to get their approval before he would commit any time or use of any city equipment to any project. The Council could say yes or no to any project. Mayor Maguire said will still have agreement with the IDNR to maintain the forest at a minimum level until 2025. Patrick Halbert stated there are many people willing to do volunteer work for this project.
Adjourn Meeting – Motion by Alderman McGill, seconded by Alderman Stahl to adjourn the meeting.
Vote yes: 8
Vote no: 0
Mayor Maguire declared meeting adjourned at 7:03 p.m.
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