Council - Regular Meeting

It is 6.30. I'll call this meeting in St. Mary's City Council order. Roll call, please.

Bob.

Here.

Lund.

Here.

Slater. Here. Motter.

Here.

Fitzgerald.

Here. McClure. Here. Hillen. Here. All rise. Please join Pastor Tame in a great prayer.

That's right. Father God, we're so grateful for this community in which we all get to live together. We thank you for these leaders who give of their time and their effort to... Keep the city running as it should. We pray for wisdom and guidance upon them as they make decisions to take us in the direction you have us to go.

We've all received a copy of the minutes of the last meeting. Are there any questions or comments from council? If not, may I have a motion to accept, please? Mr. Fitzgerald, Mr. Acquero, all vote to accept, please. All yeses, thank you. Other petitions and communications, we have a notice of public hearing rezoning request. Notice is hereby given that the city of St. Mary's will hold a public hearing at 6.15 p.m. on July 27th, 2026 in the Municipal Council Chambers, 101 West Spring Street, St. Mary's, to hear comments regarding the request to rezone 0.437 acres of land in the city of St. Mary's, Ohio. The property is currently zoned R1, single-family residential, and is requested to be zoned C2, general commercial. said area is more particularly described as follows. The area between Wayne Street and Perry Street and between Clinton Street and South Street being part of block number 18 of the South Edition, including portions of the north one half of Clinton Street, 66 foot right of way, and the west one half of Wayne Street, 82 and a half foot right of way, in the city of St. Mary's, Oblase County, Ohio, consisting of approximately 0.437 acres, of land, including street driveway. Copies of the request and adjourn showing the area in question are on file at the Engineering Department, 101 West Spring Street, St. Mary's, Ohio. Since this is petitions and communications, this is the opportunity for people of the public to address council. Dan? You wish to address council, ma'am? please stand, give us your name, where you live, please.

Yes, my name is Robin Cruz and you need an address or just my name?

You live in the city?

Yes. Close enough.

Okay.

I came because I want to know if there is going to be any safety rules for the electric scooters. It's getting... to be where these young children, teens, whatever, are not stopping for the stop signs or the traffic lights and whatever. They're just flying through them. I'm really concerned that somebody is gonna get hurt badly. And I'm not going to blame it on parents because I was young at one time just like everybody else in here. and we didn't always listen to our parents. But I don't want to be the one accidentally hitting one or I don't want to see one being hit and then either killed or head injuries to where they have to live a life like that or whatever. And I just think that there should be some laws on these e-bikes or these e-scooters just like there is for mopeds and everything else that's out there that goes a certain speed and whatever. And I say that because, as we all know, there's been umpteen motorcycle accidents recently. Not saying that it's always the car's fault or anything like that, but if we can save lives or try to, that's what we need to do. I mean, I myself was hit a month ago walking my dog, crossing the crosswalk on Wayne and High Street, a four-way stop sign. And I stopped and I looked. Nothing coming east and west. There was a car on the north side and the south side. And me and my dog started crossing. And the next thing I seen out of the side of my eye was something coming at me. If we can't see motorcycles and we can't see people and big white dogs, we ain't gonna see these kids that are flying down through there and coming across these crosswalks and everything else. It shouldn't take one of them to be hit before something is done. And it's getting to where you can't even walk down the sidewalks to walk your dogs because For some reason, they also think that they have the right of way. If you're walking, they're usually not moving. They're gonna come straight at you, which can also cause issues. That alerts a dog. It scares them. And that can cause the person walking them to get hurt also, if not the person on an e-bike. So that's where I stand.

They are subject to traffic laws. I think we've had committee meetings on that. I know that we passed legislation requiring helmets on all bicycles, scooters. So I know that the police are aware of the issues and I think that they're trying to enforce those. I think everybody's concerned about safety and aside from banning them from operations which is if council wishes to do that they could i don't know that there's anything short of that that would necessarily be appropriate with the existing laws already are in place to to cite them if they um you know break the law as it is existing traffic laws

you do not allow any of them to be on the sidewalk and therefore you're pushing these young folks out into the road when they're on one of these devices. There's no real easy answer for it. But yes, you're correct, there are violations that happen with these scooters. The police are not ignoring it, but just like every other violation, they don't catch them all. So they do the best they can.

Okay, I just know that I live down by the police station and I see it all the time. And I see two on a scooter at one time. And like I said, I don't want to see one of them hurt. And I don't know what the laws are. And again, I'm not going to blame the parents because these children or teenagers, whatever, may have been told. But when you're walking or you're coming down the sidewalk You should either stop or maybe turn at the next block or something. Don't come flying into somebody that's walking their dog.

Yeah, and we agree. We share your concerns. There's just no easy way for council to address it.

Is there an age requirement on scooters, e-scooters or that? I mean, because they couldn't just grab a moped if they aren't 16, right? That's correct.

helmet and all these other things for mopeds. So they're treated differently. So though I see it all the time. I think they're called a razor. It's like a skateboard with a steering wheel or handlebars. And you see them loaded on it. There's two of them on it. They're going and no helmets. Sometimes they have helmets. It's an issue and I know the police department has their hands full trying to stay on top of it. But it's just a challenging situation

kids writing these things really do know the law and they're just breaking it. But if they don't, I'm sitting here thinking I wonder if somehow we could offer a seminar, like help hold it at the school or wherever and have either our police come in and explain the laws to the kids. It couldn't be more than an hour. You know, you could have that all explained. However, you know, you got to get the kids there to do it. If they don't want to come,

I don't know. Like I said, I don't think anybody wants to see them get hurt or anything else. Nor does anybody want to be that person that accidentally hits them because when they started out, they weren't there. But like I said, they fly down them. I mean, I've been afraid that they're going to hit something on the sidewalk and go flying off on it, you know, but I mean, just very concerned about it.

I was going to actually mention something later on it too, because I already almost had someone hit me as I was starting. She was just going to blow right through the green light. And that was the same thing I was going to recommend. Is there any sort of training or something that maybe the city or the police can put on? Maybe like a sticker they can put on their thing or helmet or something?

I'm sure there's something. It just takes being creative and as Mr. Bup indicated, we can hold it. Maybe try to entice them to come. As far as like with the moped, that's a revised code that requires that. And so they've got to get licensed to

I'm like her. I don't want to see a kid get hurt. I've never hit one, except I've had one hit me.

Do you think that that's something that we could work on is looking at maybe when school starts, first month or two of school, you know, go to the different schools and just

that we can discuss, that I can discuss, Put simply, a lot of folks don't realize that if you're on a bicycle on the road, you've got to follow the law. And we see adults that don't do that. They're on the wrong side of the road. They get to walk with traffic, ride with traffic, get confused. And so there's just a lot of bad examples out there.

I would say maybe have a phone call with Bill Ruane. He's pretty creative in ideas.

the program can be built with Lexalyn or other communities, the same program, so we don't have to do it at the wheel multiple times. Have we heard anything?

I mean, is the state looking at doing anything with these like they did with the mopeds? I don't know.

and the child, the other man was at fault in the accident.

Yeah, I can remember when I was probably in about third grade, the police officers coming in. It wasn't like one of those things

Anyone else wishing to address council? Okay, moving on. We have Mayor's report. Mayor Herbert. I have no additions or corrections to my report. Any questions or comments from council? Next we have the tax commissioner's report. Mr. Harris, I have nothing to add to the tax commissioner's report. Any questions or comments from council?

Next, we have the Director of Public Service and Safety report, Mr. Foxover. Mr. Harris, I have nothing to add to my report, but I would be glad to answer any questions that anyone might have. Any questions or comments? I've got several.

Yes. Okay, number 12, Mike, in the back of the room. You met with some representatives of international companies related to potential development. I know you can't say anything, but what's Number two on public safety, we met with the Ohio EPA. And I'm just interested in what our overflow elimination plan

create capacity at the wastewater treatment plant during these heavy rain events. So we've taken steps. We've created capacity at the wastewater treatment plants by various steps that we've taken. We've also reached out to homeowners. In the street program, we put in storm sewer so that folks can tie into it. The whole issue is the ionized infiltration and inflow. It's the illegal. at your house and I tell you hey next week we're going to smoke we're going to put smoke in here

Any other question?

Yeah, I'm four and five in engineering. I guess just an update on that. If I remember, I thought either the money All right. And one more. I see they're on 10, begin developing plans

It's a very busy intersection, so if you can

Do you have any potential uses for that money?

Yes. Yes. We would like to earmark a good portion of it. As you know, we still have an outstanding note out there. We would like to earmark a portion of it. And unfortunately, the auditor couldn't be here tonight to set it aside so we could pay that down. At least we'd like to pay down a significant portion of that note, that loan.

I saw we ran Pete Shaden. and we ran the two generators and probably run them again this week.

They were scheduled to run Tuesday, Wednesday, Thursday, and Friday, but it's fluid. They can schedule that, but until they call us and put us on order, then we don't do it.

You know, just for the public, that saves the city three-quarters to a million dollars a year to run those. And that's passed on to the electric. It's a credit on our hands, though, yes. Right, but I mean... It keeps our rates from going too high. It sure does. So anyway, number eight in engineering, we're talking about the grant for small cities. You're talking about Maine to the river, right? For number eight? Yes.

No, that's from the river east.

Good. We haven't secured that money yet.

No, this is a done deal.

last question. Why is it so slow out with the new cross?

could be a lead time on that too right it could be on the steel yeah all right sorry thank you any other questions Mike I'm address would be you I've been getting multiple questions asked about Wendy's restaurant. Have we heard anything on that? Do we know if it's coming or are they going into Dutchess or what's the situation? They're not going, there is no restaurant going to Dutchess beside Dutchess when they serve food. And we don't know what's coming? It's kind of uncommon for national chains to go radio silence with us. Nothing has been kind of

NO REPORTS FROM COMMITTEES. UNDER READINGS OF ORDINANCE AND RESOLUTION, WE HAVE A THIRD READING. UNDER SECOND READING, WE HAVE ORDINANCE NUMBER 2026-10, ORDINANCE RESIGNING 0.43 ACRES OF LAND BETWEEN WINDS STREET AND PERRY STREET AND BETWEEN CLINTON STREET AND SOUTH STREET IN THE SOUTH ADDITION OF THE CITY OF SAINT MERRICK'S. ANY QUESTIONS OR COMMENTS FROM COUNCIL? THIS WILL BE FACTORY'S THIRD READING AT THE NEXT MEETING, AND ALSO YOU HAVE THE for meeting on this topic. Under new legislation, we have Ordinance 2026-11. May I have a motion to read, please? Mr. Aguero. Mr. Goland. Council vote to read, please. All yeses. Ordinance 2026-11. An ordinance to approve, disapprove generation fee abolishment repeal for the Alvarez County Solid Waste District and to declare an emergency. Mr. Farrell, Mr. Fox.

I can read it three times and if things go well with this medical situation I may ask her to come on the second meeting so you guys can talk with her. We can read it three times. That's not a problem. Unless I just can woo you with the facts that I know, which I doubt I can do. So what this is, it just involves the county. to a legitimate, certified disposal site or transfer station, that $7.65 per ton comes back to the district. And so that's what this is all about. There is no increase in cost for anybody. The hauler, the company, Mahars will pay this. We don't pay it. This is just, this is what they have to do. I didn't woo you, did I?

I'm just trying to get the money moving. Yeah. We gotta pay Mahars to transfer. We do. And then Mahars gotta pay someone to take him.

Where are you currently going?

It's not coming to us. We don't get it.

I'm just trying to figure out. Okay, Mahars is taking money from us to transfer the waste.

We have to pay them for the disposal cost, yes.

And then they have to pay Jay County to take it.

I would assume so, yes.

So if we don't pay them the $765,

We don't pay. The company pays. Mahars has to pay this. I guess where's the $7 coming from? What's that? I guess where's the $7 coming from? $7.65 was the fee that was established by the policy committee that was approved by the commissioners. It's been this way. It's been $7.65 for a while.

So I have a dump trailer and I take county, Mercer County, and they then add that amount to what you pay when you dispose. So when I, at least when I, I don't know how they do it in terms of like city or like you have like a big company, but if I go, they charge me the $765 on top of their disposal fee. Yeah, because they're going to have to pay that to the county. They'll have, they end up paying that to what, Jay County then? Or where does that go then?

So in other words, if, I'm sorry, wasn't it 300, not 3,000?

No, it's 401, we had 401.86 tons of refuse in June and times $7.65, if my math is right, is $3,074.23.

So if legislation passes 765, it's going to stay in the district? It stays in, yes. But is Maharsk theoretically, because They're paying Jay County. Jay County's not gonna take that 765 off of there.

If we keep it, that's time the contract rolls around, which might be immediate.

And also different factories can do things. These big factories like Pratt, they can have their own arrangement and take care of those costs themselves. But the counties, the entities will all have to do this. So I will do my level

or maybe Doug Spencer can come and explain it.

Yeah.

My only question would just be finding out from her where the, where it has been going. Because I know they, my, my experience, they charge it. Yeah. Yeah, so Marks, Marks charges you. Yeah, they charge that $7.65. They ask every time you

It just sounds like we're going to pull a set of 65 tons away from the hires. And they're going to make it up somewhere.

Well, they're not in business to lose money, I can assure you that.

Their disposal fee is their disposal fee. And then they ask you, where did it originate from? You say Mercer County. It's one price. It's like $6 and something. If you say August County, which I always do, it's $7.65. And my only question is,

scheduling miscellaneous business in closing. We have Mr. Farrell wishing to make an announcement.

I think I've told a lot of you privately, but officially turned in a letter of resignation today. I'm going to be joining Judge Spies at the Probate Juvenile Domestic Relations Court as a magistrate starting August 1st. So officially gonna resign here at the end of the month. There'll be an appointment for this position and then the Republican Central Committee will appoint somebody. I know you guys are in good hands. We've done a lot of transitional work on that. And just really thankful for the time that I've had as assistant law director and law director. And I know that the city's in good hands with the administration and the elected officials and council. Thanks for your service. Thank you.

Is there anything else coming for council? Mr. Bob, motion to adjourn. Motion to adjourn by Mr. Bob, second by Mr. Lunds. Council vote to adjourn, please.