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Council questioned over transition plan for law director

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By JARED ORZOLEK

orzolek@crescent-news.com

NAPOLEON -- Napoleon City Council's transition plan regarding the eventual retirement of the city law director drew fire at Monday's meeting from a former councilman who expressed concerns about the issue.

The topic was debated on a night when council members voted to increase water rates annually over the next three years.

Last month, council passed legislation by a 6-1 vote that allows law director David Grahn to work for Napoleon while living out of state for the first two months of 2010. Grahn is planning to retire at the end of next year, and the move is scheduled to allow Napoleon to find a suitable replacement before Grahn steps down.

Former councilman Ron Behm addressed council about the plan, reporting that he is concerned with the precedent the legislation sets and the additional cost to the city. Behm also said he is concerned that the city passed the legislation by suspending second and third readings.

"I consider (Grahn) to be a good friend, so there is nothing personal," Behm said.

In response, Councilman John Helberg said that Grahn will work his full workload while living out of state.

"It's not a vacation. (Grahn) is going to be working harder," Helberg said.

Grahn has agreed to a total reduction of $3,000 in his annual salary in connection with the agreement. He will complete all civil legal work and oversee criminal prosecutions while connected to the city via telephone and computer. The city will hire a special prosecutor at a cost of $5,000 to work at Napoleon Municipal Court for the two-month period.

Grahn expects to work for Napoleon through late next year as he trains his successor.

"I have always had a strong work ethic and I will maintain that work ethic," Grahn said. "The contacts will be there. The open door will be there via the technology."

Turning to other issues, council passed the first reading of legislation to increase the city's water rates for each of the next three years. The ordinance is expected to receive second and third readings at council's next two meetings.

The 5 percent water rate hikes will take effect Jan. 1 each year and will raise the water bill of a resident using 500 cubic feet of water from the current level of $26.41 per month to $27.73 in 2010, $29.12 in 2011 and $30.57 in 2012.

City officials indicated the rate hikes are needed because the city's water fund is projected to reach a deficit balance by 2012. Officials report the water fund should retain an annual carryover balance near $500,000 so the proper debt-to-equity ratio is maintained. The rate hike is projected to generate nearly $100,000 in 2010, which would lead to a carryover balance of $488,000 at the end of 2011.

City council also raised water rates incrementally in 2007, 2008 and 2009.

Napoleon is in the midst of a multimillion-dollar program to comply with mandates handed down by the Ohio Environmental Protection Agency regarding its water and sewer infrastructure.

Council also passed first reading of two pieces of legislation that will allow the city's .2 percent parks and recreation income tax to be placed on the May 4 primary election ballot as a permanent tax.

In other business, council:

-- approved a $15,396 change order increase to Vernon Nagel Inc. for the South Perry Street sanitary sewer project.

-- approved a $2,622 change order increase to Vernon Nagel Inc. for work on the West Riverview inflow and infiltration study.

-- authorized city manager Dr. Jon Bisher to apply for a grant of up to $500,000 for the Safe Routes to School program.

-- approved the specifications of the East and West Graceway Avenue storm sewer replacement project.

-- witnessed police Patrolman Bradley Marlin, Firefighters Jason Baker, Tyler Trease and Clayton O'Brien and fire Lt. Eric Rohrs given the oath of office by Mayor Andrew Small.