Cold weather is hot topic

By Sherry Larson

People’s Defender

January 16, 2024, started a new year for the Village of Manchester Council. The Honorable Judge Brett Spencer swore in the latest member, Mandi Thompson, the week before the meeting.

Following the call to order, a moment of silence, pledge, and roll call, Councilwoman Gidget Applegate nominated Christine Henderson as President of the Council; Diane Brown seconded the motion, and all were in favor. Disposition of the minutes from December 19 followed, and candidate for County Commissioner Tony Haus and candidate for Sheriff Bob Ruebusch addressed attendees.

Haus, who has religiously attended Manchester Council meetings recently, wanted to set an example of what “commissioners need to be doing when they work for the people.” He said, “Whether I win or lose, I’m going to fight to make sure they do that.” Ruebusch introduced himself and said he was listening to the people from Manchester. He said, “I’ll never forget about Manchester.”

Visitors Steve Mack and Hanbae Yang gave a brief report on the Phase 5 and upcoming Phase 6 projects.

Mayor B.J. Goodwin reported on trash in the alley between 6th and 7th streets.

Solicitor Tony Baker asked the council members to take note of the proposed resolution to renew his contract. He pointed out the base amount stayed the same and the $25 increase an hour, which brought his hourly fee from $130 to $155. The fee is increased to bring Manchester’s cost in line with the other villages his firm represents but keeps it below the fee for larger municipalities.

Baker addressed the recent concern of using the town building as a “warming center” for folks to come out of the cold weather. This subject became a point of contention for most of the meeting. The concern was that the building would become more of a homeless shelter than a warming station. Baker noted that past councils have authorized the Mayor to make such a determination, but that has yet to be done this year.

Noting the dissension posts on social media, Baker said of Goodwin, “It was not this lady’s fault.” He explained they needed to come together as a council to make that call. He wanted the public to know that the situation was not within the Council’s control on Sunday when the matter was brought up. Baker also reported that he would move forward with some of the nuisance properties in the village.

There were no reports from the fiscal office or parks and recreation. Anthony Raines Street Commissioner gave a brief report on storm drains and the estimate for a new traffic light. Mayor Goodwin and council members thanked Raines for his excellent work. Chief Rick Bowman reported 97 EMS runs and 16 fire runs in December.

Floodplain Administrator Dennis Barnd gave a lengthy presentation explaining the need for the position. He mentioned a citation that was issued last month. Barnd reported that surveyors were in town working on the centerline edge survey to design a surface water and storm drainage system so they could apply for funding. He noted that flood insurance is 25% the cost of what it was four years ago and encouraged people who applied before 2020 to reapply.

Last spring, Barnd discussed with the NFIP coordinator at ODNR and discovered some non-compliant properties in Manchester. He offered to enter an executive session if the Council wanted to learn about those properties.

Barnd explained, “Manchester has a flood damage reduction ordinance 2010-12 which establishes requirements for floodplain administrator and establishes the regulation requirements to remain in compliance with FEMA and NFIP.” He emphasized that the pressing issue is the ramifications for Manchester citizens if they do not comply with the rules and regulations that the federal government has in place. He clarified, “Participating in FEMA is optional. You don’t have to participate. But if you decide not to participate, you must go back and rescind the rules and regulations that are part of the program.” He explained that you can have “anybody do the job, but somebody’s got to do the job.” He said they could not be selective with compliance and must treat everyone uniformly. Barnd said, “I would strongly encourage that we hold onto our rules and regulations and have somebody enforce them. Currently, that person is me.” He continued, “We want to help people protect their investment.”

One concern Barnd mentioned was that some council members told recipients of the “stop work notice” that they didn’t have to comply with the floodplain administration rules. He explained that even if someone is doing a “cash” project, they must comply. Barnd presented the Council with fact sheets regarding FEMA.

Councilman Troy Jolly motioned to suspend Dennis Barnd from the position of Floodplain Administrator, seconded by Christine Henderson. Jolly said, “The county has always taken care of us with our FEMA regulations.” Barnd responded that he spoke with the county today, and no one is named to that position at the county level. After a lengthy discussion, Barnd agreed that if someone is doing a “cash” build, they don’t have to purchase flood insurance; however, that does not negate their responsibility to comply with the floodplain regulations. Baker explained that he had done this research once and answered these questions. He told Jolly, “It is not what you just said.” The vote resulted in a tie. Henderson, Jolly, and Brown voted in favor; Thompson, Adams, and Applegate voted not in favor. Goodwin broke the tie by saying she wanted to follow the Solicitor’s advice. Baker explained that the county will not enforce the local ordinances. Per Thompson’s motion and a second by Henderson, the Council plans on inviting FEMA for a presentation at next month’s meeting.

Committee reports included Jolly sharing his response to those criticizing and commenting on the Council’s action or non-action to using the town building as a warming station. Applegate announced Manchester School’s basketball homecoming on January 26 and “Drive your tractor to School” day on February 23. She discussed the continued community support for Casen Gullett.

The Council passed “resolution 2024-02 authorizing the village of Manchester to apply for, accept, and enter into a water pollution control loan fund agreement on behalf of the village of Manchester for design and construction of the sanitary sewer improvements, phase 6; and designating a dedicated repayment source for the loan.”

Under new business, Police Chief Dakotah Brown was confirmed and reported 30 call records and four incident reports since December. He also reported fourteen violators in court and received $2075 in December court fees. The Mayor appointed committees and committee chairs.

Ordinance 2024-01 payroll wages were passed. Jolly motioned to accept as written and look at a 2% cost of living adjustment next month. Henderson seconded the motion, which passed. Later, Jolly made a motion for a cost-of-living adjustment to go into effect on February 1. Henderson seconded the motion, and all were in favor.

Jolly motioned to pass Ordinance 2024-02 regarding the basic code. Thompson seconded the motion, and all were in favor.

Resolution 2024-01 “Employing a village solicitor for the village of Manchester, Ohio, for the period from January 1, 2024, through December 31, 2024. Henderson made a motion to retain Baker, and Applegate seconded the motion. Jolly said, “The new contract on a retainer basis is $8000, so he’s asking for an increase. He’s going from $130 to $155 an hour.” He continued, “Through the years, perhaps we’ve been spoiled with solicitors who only charged us the $7500.” Jolly went on to discuss the amount Baker had been paid. Applegate interjected, “By the same token, everyone will understand that when we are legally bound in something, the Solicitor helps us out. Anything that we have questions about that deals with legalities – he’s on top of it.” Adams and Henderson added their support of Baker and appreciation for his work. All were in favor of retaining Baker’s services except Jolly, who voted “no.”

Resolution 2024-03 was worded, “To adopt the most recent edition of Robert Rules of Order for the Village of Manchester Council Meetings and declaring the same to be an emergency. Applegate motioned to adopt, and Adams seconded the motion. Motion carried.

Adams motioned to raise the uniform allowance for street, police, and water departments from $400 to $600. Henderson seconded the motion, and all were in favor.

Brown addressed the Council and attendees about Councilwoman Regina Adams, who plans to relocate from the area soon. “I hate to lose her,” said Brown. She explained that she and Regina had spent many hours together working for the betterment of Manchester and striving to have properties cleaned up. Brown said, “She has done so much leg work – she will be missed.” Brown emphasized the importance of the Council cleaning up properties for the good of the community and said that Adams believed in the same. “I want her to know that I love her, and I’m going to miss her,” said Brown. Adams replied, “You guys can do it if you work together.”

The last item under new business was whether to open the community building as a warming station. Initially, there was a motion and a second, but following a discussion regarding security issues, the motions were rescinded, and the Council entered an executive session to discuss. The final decision was not to allow public use of the building.

The Defender contacted Councilwoman Mandi Thompson for information about the special meeting held by Manchester Council on Friday, January 19. They gathered further to discuss the public usage of the community building. Thompson relayed that they determined to permit public use but will not allow overnight stays due to insurance concerns.