(a) Meetings.
(1) Regular meetings. Regular meetings of Council shall be held in Council Chambers at 5:30 p.m., on the first and third Tuesday of each month; provided that regular meetings shall be held at 5:30 p.m., on the first Tuesday only, during the months of June, July and August. Regular meetings shall be held in the Council Chambers on Wednesdays, at 5:30 p.m., whenever the date of a regular meeting falls on a legal holiday. Unusual circumstances due to direction from higher levels of government, unusual weather emergencies or other special considerations may require that regular meetings be convened in a different location other than the Council Chambers and shall be posted on public meeting notices accordingly.
Council may, by majority vote, dispense with or change the day and hour of holding any regular meeting, or adjourn the same to a day and hour determined by a like vote of the members present if constituting a quorum. All meetings of Council, whether regular or special, shall be open to the public. (Ord. 2021-01. Passed 1-5-21.)
(2) Special meetings. Council shall hold such special meetings as may be found necessary, which may be called by the Clerk upon the written request of the Mayor or upon the written request of three members of Council. Any such vote or request for the calling of a special meeting shall state the subject or subjects to be considered there at, and no other subject or subjects shall be considered except upon the approval of five or more of the members of Council in attendance at such special meeting. Notice in writing of each such special meeting called at the request Mayor or three members of Council shall be given to each member of Council and to the Mayor by personal service or by delivery thereof at their usual places of residence, but members of Council may waive such notices by their attendance at such meeting. Failure of service of notice shall not invalidate any special meeting, provided a quorum is present. Council may sit in executive session for lawful reasons. However, any action resulting therefrom must be taken in public session.
(b) The Chair; Powers and Duties.
(1) Roll call. The Mayor, or in his absence, the President of Council, shall take the chair at the hour appointed for Council to meet, and immediately shall call the Council to order. The roll shall then be called by the Clerk who shall enter in the journal of each meeting the names of the members present there at. In the absence of a quorum at the time appointed for a meeting, the members present may by a majority vote, take a recess or recesses, and cause the Clerk to procure the attendance of absent members.
(2) Temporary chairperson. In case of the absence of the Mayor and the President of Council, the Clerk shall call the Council to order. The Clerk shall call the roll and if a quorum is found to be present, the Council shall proceed to elect by a majority vote, a temporary chairperson of the meeting until the appearance of the Mayor or President of Council.
(3) Substitute chairperson. The chair, i.e., Mayor, President of Council or temporary chairperson, may call any other member to take his/her place in the chair, such substitute not to continue beyond adjournment.
(4) Appeals from decisions of the chair. The chair shall preserve decorum and decide all questions of order, subject to appeal to Council. If any member transgresses the rules of Council, the chair shall, or any member may, call him/her to order and in the latter instance the chair shall render a decision as the point of order. In case of an appeal from a ruling of the chair, the question shall be, "Shall the decision of the Chair stand as the decision of Council?" The chair shall be sustained unless overruled by a majority vote of the members of Council present.
(5) Votes. All questions shall be stated and put by the chair as follows:
A. Roll call votes. The chair shall declare the vote after the clerk has announced the number of votes on each side.
B. Viva-voce votes. The chair shall declare the vote without reference to the clerks; if in doubt about a viva-voce vote, the chair may direct, or any member may call for, a division of Council, which shall be taken by a rising vote.
C. Rising vote. The chair shall count and declare the vote. It shall not be in order for members to explain their votes while vote is being taken.
(6) Chair's power to vote. The Mayor shall have no veto power, and shall have no vote except in the event of a tie vote of members of Council present, in which case the Mayor shall have the power to vote and his/her vote shall have the same legal effect as a vote of a member of Council. Any member of Council who is serving as chairperson shall have the same power to vote as other members.
(c) Members’s Duties and Privileges.
(1) Seating arrangement. Seats in the Council chamber shall be arranged in numerical order and all members shall occupy said seats after drawing same by lot at the beginning of the term.
(2) Addressing chair. Members when about to speak to a question or make a motion, shall address the chair in a formal manner, who shall pronounce the name of the member entitled to the floor. Members addressing Council shall confine themselves to the question under debate and avoid personalities.
(3) Limitation of debate. No member shall be allowed to speak more than once upon any on subject until every member choosing to speak shall have spoken, nor more than twice upon the same subject, nor for a time longer than five minutes, without leave of Council as expressed by a majority vote of the members present.
(4) Voting. Every member present when a question is put shall vote on same, unless Council shall, for special reasons, excuse him/her from voting. Said excuse shall be granted only if the member states reasons for the request before voting begins and the Council by majority vote of the members present accepts them. There shall be no debate upon this question.
(5) Division of a question. On demand of any member, a question under consideration which covers two or more points, shall be divided where the question admits of such division.
(6) Demand for roll call. Any member may demand a roll call vote upon any question before Council at any time before the decision on said question is announced by the chair.
(7) Excusal from attendance. No member shall be excused from attendance at a Council meeting, except upon request, with reasons, to the Mayor prior to such meeting and with permission granted by a majority vote of the members present at same meeting.
(8) Excusal during meeting. No member shall be excused while Council is in session except upon permission of the chair.
(d) Order of Business.
(1) Order of business. The order of business at meetings of Council shall be as follows:
A. Roll call, to determine presence of a quorum.
B. Reading of the journal of the preceding meeting may be dispensed with unless an objection is raised. If an objection is made, the question shall be decided by a two-thirds (2/3) vote of the members present. If no objection in made to the content of the journal, the same shall be approved by a majority vote of the members present. Any suggested changes or corrections to the content of the journal by council members shall be in writing and submitted as such to the Clerk.
C. Letters, communications, and citizen comments. Citizen comments shall not be for a time longer than five minutes, without leave of Council as expressed by a majority vote of the members present.
D. Reports of Village officers.
E. Reports of standing committees.
F. Reports of special committees.
G. Presentation of legislation, resolutions, motions or other business to be brought before Council, having been filed with the Clerk not later than 12:00 p.m., on Wednesday, or if that day falls on a holiday, the following day, of the week preceding the meeting day. It shall be the duty of the Clerk to include the same, in the form of copies of all matters, in the calendar of the said meeting day, in their order of call. Matters not filed with the Clerk and introduced upon said call shall not be read or referred to, but shall be held over until the next meeting, to be placed on the calendar and taken upon the regular call of the members, unless leave for immediate consideration be granted by a majority vote of the members present.
H. Second reading of ordinances and resolutions.
I. Third reading of ordinances and resolutions.
J. Other old business.
K. Payment of bills.
L. Adjournment.
M. Upon motion of any Council member the order of business at any meeting may be altered by the affirmative vote of two-thirds (2/3) of the members present.
(Ord. 01-47. Passed 12-18-01.)
(e) Committees.
(1) Standing Committees. The following Standing Committees consisting of three members each, with the first member named to be chairperson of each such committee, are hereby authorized. Appointment of members to such committees shall be made by the Mayor at the first meeting in January of each year.
A. Finance and Technology.
EDP (Electronic Data Processing);
Budgeting.
(Duties: Review issues related to taxation policy, budget development and review Village investments; review and recommend electronic hardware and software for Village use.)
B. Public Works.
Streets;
Parks, Buildings and Land;
Cemetery.
(Duties: Provide upkeep for parks and cemeteries; responsible for the construction and maintenance of all Village streets; the preparation and letting of bids for authorized public work construction; the recommendation of proposals for authorized equipment; maintenance of Village buildings and grounds.)
C. Public Utilities.
Water;
Wastewater;
Storm Water.
(Duties: Maintain and improve storm water system; maintain water quality; maintain and improve treatment of wastewater; maintain and improve water and wastewater distribution system.)
D. Public Safety.
Fire;
Police;
EMS.
(Duties: Provide for safe and secure neighborhoods; coordinate and interface with other responsible county agencies for the purpose of ensuring protection of property and life of residents.
E. Economic and Community Development.
Zoning;
Planning;
Incentives;
CEDA;
Housing;
Sidewalks;
Downtown Revitalization.
(Duties: Assess the development review process and recommend changes as needed to facilitate private investment while preserving the public’s interest in the zoning process. Expand and enhance high-quality, non-residential economic development opportunities in a manner that maintains the Village’s small town character and diversifies its tax base. Review issues relating to economic development, growth management. Regulate land use; facilitate housing development and provide ongoing housing assistance for residents; maintain an accurate sidewalk inventory and develop and implement a sidewalk maintenance program. Downtown land use and development; building design; traffic and parking; urban design; marketing and promotional efforts and implementation of downtown streetscape plan and action agenda.)
F. Personnel, Policy and Ordinance Review.
Selection and hiring process;
Job description and classification plan;
Employee benefits;
Village policy and procedures;
Village Codified Ordinances.
(Duties: Maintain and oversee the Village selection and hiring process. Review job descriptions, classification plan and employee review process. Assist with the development of the employee wage and benefit package. Review and maintain the Village Policy and Procedures Manual. Maintain and review the Village Codified Ordinances.) (Ord. 10-01. Passed 1-5-10.)
(2) Special Committees. The Mayor may appoint such special committees as he deems necessary provided that matters referred to or pending before a standing committee may not without consent of its members be referred to or considered by a special committee.
(3) Committee of the Whole. The President of Council shall preside when Council resolves itself into a Committee of the Whole. The rules of Council shall govern the Committee of the Whole except that no limit shall be placed on time or frequency of speaking and that the previous questions cannot be moved. All questions shall be decided by a majority vote of those members present. When this committee arises, any measure, together with any amendments thereto, reported out, shall receive the immediate consideration of Council unless otherwise ordered placed upon the calendar.
(4) Meetings. Committees shall meet on call of the chairperson, or on request of two members, communicated to the Clerk.
(5) Quorum. A majority of members of a committee shall constitute a quorum.
(6) Temporary chairperson. In the absence of the chairperson, the member named next shall act as temporary chairperson.
(7) Secretary to committees. The Clerk or one of his/her assistants shall act as secretary to each committee and shall keep a record of attendance and business transacted at meetings thereof.
(8) Committee reports. Reports of committees shall be agreed to by a majority thereof. All documents referred shall be returned to Council with the report of the committee. Upon motion, and by a majority vote, Council may relieve a committee of further consideration of any question, and order it placed on the calendar. Committees shall report on all matters referred to them as soon as feasible.
(9) Attendance at committee meetings. Attendance at committee meetings. Any member of any committee who shall absent himself/herself from 2 or more successive committee meetings, except in case of sickness or absence from town, may be removed from that committee by the Mayor upon a two- thirds (2/3) vote of members elected to Council, and Council by two-thirds (2/3) vote may also declare the member not eligible to any further committeeship.
(f) Motions.
(1) Motions. When a motion is made it shall be stated by the chair before debate. Any member may demand that it be reduced to writing. A motion shall not be withdrawn by the mover without the consent of Council. Unless otherwise required by law a motion shall be deemed fgpassed if it receives the affirmative vote of a majority of the members present including the chair if entitled to vote thereon.
(2) Order of precedence. When a question is before Council, no motion shall be entertained except the following:
A. To adjourn.
B. To lay on the table.
C. The previous questions.
D. To postpone to a time certain.
E. To refer.
F. To amend.
G. To postpone indefinitely.
Said motion shall have precedence in the foregoing order.
(3) Motion to adjourn. Motion to adjourn shall be in order at any time, except as follows:
A. When repeated without intervening business or discussion.
B. When made while another member is speaking.
C. When the previous question has been ordered.
D. While a vote is being taken.
A motion to adjourn is not debatable, except as to time to which the meeting is adjourned.
(4) Motion to lay on the table. A motion to lay on the table shall preclude all amendments or debate of the subject under consideration. If the motion prevails, the consideration of the subject may be resumed only upon motion of a member voting with the majority and with the consent of the majority of the members present.
(5) Previous questions. The previous question shall be stated in these words: "Shall debate now close?" The motion shall pass if two thirds (2/3) of the members present shall favor it. If the said motion is ordered, there shall be no further amendment or debate, but the question shall be put immediately.
(6) Motion to postpone. Motions to postpone may be amended as to time, excepting a motion to postpone indefinitely. If a motion to postpone indefinitely is carried, the principal question shall be declared lost.
(7) Motion to amend. A motion to amend shall be susceptible of but one amendment. An amendment once rejected may not be moved again in the same form.
(8) Motion to suspend rules. A motion to suspend the rules which requires three readings on three separate days must receive the affirmative vote of three-fourths (3/4) of the members elected to Council and shall be debatable. Upon the passage of such motion, the main question shall be open to debate. All other rules may be suspended by a majority of members of Council present without debate.
(9) Motion to reconsider. A motion to reconsider a proposal that has been acted upon favorably, must be made before adjournment of the session of Council at which the vote was taken. A motion to reconsider any other action taken by Council, may be made not later than the next regular meeting after the vote of Council thereon. In either case such motion may be made only by a member who voted with the prevailing side. The concurrence of a majority of the members present shall be sufficient for reconsideration of a vote. If a motion to reconsider is lost, it shall not be entertained again.
(10) Call for vote. The Clerk shall alternate the rotation of the members of Council when calling for a vote on ordinances and resolutions. In taking the yeas and nays, the Clerk shall list the members' names in alphabetical order with number assigned to each Council member 1 through 6. The roll call shall start with 1, 2, 3, 4, 5, 6, and rotate with each subsequent roll call, i.e., 2, 3, 4, 5, 6, l; and 3, 4, 5, 6, 1, 2 and so forth.
(11) Procedure in absence of rule. In absence of a rule to govern a point of procedure, reference shall be had to the approved practice in parliamentary bodies.
(12) Rule on reading and suspension of rules. Every bylaw, ordinance, or resolution shall be read by number and title only at three different meetings of Council. Upon the affirmative vote of three-fourths (3/4) of the elected members, Council may:
A. Dispense with the second and third reading; or
B. Require the reading of the full text of an ordinance or resolution.
(13) Emergency measures. In order to pass as an emergency measure, the affirmative vote of five members of Council on the emergency clause is required. The emergency clause is debatable.
(14) Amending rules. A majority vote is required to alter, amend, rescind, or supplement these rules, unless otherwise stated herein. Any proposed alterations, or amendments or supplements shall be submitted in writing at a regular meeting and placed on the calendar for the next regular meeting under the order of new business. By unanimous recorded vote of all members elected to Council, such proposed alterations, amendments or supplements may be adopted at the meeting at which the same are submitted.
(15) Quorum. A majority of all members elected to Council shall constitute a quorum.
(g) Miscellaneous.
(1) Decorum in Council chambers. The chair shall maintain decorum in Council chambers during sessions. Persons other than members of Council, Village officials, and members of the press, shall not be permitted upon the floor of the Council, or to address Council, except upon introduction by the Chair or a member of Council. If anyone, other than a Village official, desires to speak to a member of Council while it is in session, the member, if agreeable to the request, shall leave his seat and retire to the rear of the Council chambers or elsewhere until the conversation is finished.
(2) “Majority.” Whenever the term “majority” is used herein, unless otherwise expressly indicated, it shall be held to mean a majority of those elected to Council.
(3) Village Solicitor. The Village Solicitor shall, when requested by a member of Council, give a verbal opinion on any question of law concerning Village affairs, in open Council, but he may, if he deems the matter of importance, take a reasonable time to submit his opinion in writing. He shall not be required to draw any ordinance or resolution except upon a majority vote of the members or as requested by a Village official for the good of the Village. (Ord. 09-95. Passed 6-6-95.)
(4) Absence of Clerk. If the Clerk of the Village is unable to attend a regular or special meeting of the Village Council the Clerk, with approval from the Mayor, may designate any other employee in the Village Clerk’s Office to attend said regular or special meeting for the purpose of operating the audio recording equipment used to make a record of said proceedings and to take notes and make a record of any roll call votes, all to assist the Clerk in performing the Clerk’s duties described by Ohio R.C. 733.27. All other duties of the Clerk, including any required service as acting chairperson of the meeting and the signing of any documents requiring the Clerk’s signature including, but not limited to, Ordinances and Resolutions shall be performed by the elected Clerk, or by a member of the legislative body in attendance at the meeting. Said appointment shall be by majority vote.
(Ord. 01-47. Passed 12-18-01.)