May 3, 2007
Mayor Poole called the meeting to order at 7:30 p.m. with the following members present: B. Blue, E. Davis, C. Hofstetter, J. Jemison, S. Klein, and B. Wallace.
Also present: C. Osborne – Fiscal Officer, D. Weir - Admin., Tom Lee – Village Solicitor, B. Provost – Village Engineer, C. Ehrhart – Director of Streets & Utilities, Adam Cornett, M. Hatch – Recreation Director, Roy Nichols, Jim Linberg, Carl Hornung, John Borkholder, Ann Wishart – Maple Leaf and Faith Whitcomb – The Villager.
Agenda: Delete #1 in New Business – Ambulance contract
Add to New Business – Improvements to downtown intersection
Feral cat issues
Truck replacement
Minutes of April 19, 2007 meeting were presented for approval. Hofstetter moved to approve the minutes as presented. Davis seconded. Roll Call: All Yeas (6).
Payment of Bills Totaling $169,497.10 was presented for payment. Blue moved to authorize the payment of bills totaling $169,497.10. Hofstetter seconded. Roll Call: Yeas (5). Abstain: Klein due to non-review.
Director of Streets and Utilities Report – April: included in the council packet. Ehrhart reported the service crew has begun park maintenance and ball field maintenance, grass mowing, storm sewer repair, catch basin repair, street patching, spring hydrant flushing, routine maintenance at the WWTP and the WTP, and routine vehicle maintenance. Ehrhart stated at the WWTP there’s nothing flowing to old plant and the majority of the new equipment is working at the new WWTP. Ehrhart stated the Village Engineer and the Village Zoning Inspector located every main water line valve, hydrant, which will included on the county system and will enable us to identify and inform specifically which residents will be without water. Weir stated this is helpful for state inventory.
Police Report – April: Included in the council packet. Chief stated at the safety committee meeting this evening, he discussed with the safety committee increasing the Village’s mileage reimbursement, which hasn’t been consistent with the IRS standards. Lee suggested Council consider stipulating any reimbursements in excess of a certain amount must be pre-approved by the Village administrator. Chief stated he also discussed with the safety committee purchasing another travel trailer for use of storage and a classroom due to new standards for training. Per Ptl. Samec the State of Ohio contacted him stating the Village may be able to purchase a travel trailer with a slide-out, and he price would be $2,000.00.Wallace took this time to recognize Staff Sgt. Fabian and Patrol Sgt. Tucholski on
their department awards.
Zoning Inspector’s Report – April: included in the council packet. Hofstetter questioned the new state law for inspection for decks. Provost stated Roessner has only received information regarding this proposal and nothing more.
Regarding the Tractor Supply review noted in Roessner’s report, Klein stated the planning commission denied their request for additional outside storage. Klein was contacted by a representative in their corporate office questioning this. Klein explained this issue and conveyed the planning commission requested Tractor Supply review the fenced area within 30 days, perhaps being able to rearrange the items to open up the area. Provost stated Roessner met with the regional manager who indicated to Roessner they will submit a plan. Fire Chief Reed stated he’s had repeated complaints of a blocked water connection. Klein stated there have also been complaints of inventory blocking handicap parking spaces.
Mayor questioned the State’s new smoking law. Chief Stehlik stated this is a health department issue, not a police issue.
Recreation Director’s Report – April: included in the council packet. Hatch stated she’s working on the baseball and softball schedules, and planning Community Days and working on a new schedule for this event.
Hatch will be ordering equipment for the parks. Hatch stated she assessed the dugouts at Marcu Field noting they are in need of repair and will discuss this with Steve Marcu with Walleye Sports.
Klein requested the recreation committee meetings be rescheduled to 4th Thursday of the month before the P&Z meeting, to coincide with council’s summer session.
PUBLIC PARTICIPATION
Geauga Park District – no representative present.
Fire Chief Reed reviewed the draft of the disaster master plan. Chief Reed stated the latest plan is from 1989 and the majority of those officials are no longer holding office. Chief Reed stated the final draft will be submitted to the safety committee in June, which will include the NIMS compliance requirements. Also, job descriptions from the Geauga County’s Mass Casualty Plan will be included.
FIRST READING
Resolution 07-16: Authorizing the Village Administrator to Enter into a Real Estate Purchase Agreement with BAK Development Company, for the Acquisition of Four Parcels of Real Estate Totaling 3.5903 Acres and Located Adjacent to Eagle Park, at an Aggregate Cost of $67,500.00, and Declaring an Emergency.
Hofstetter stated most of those parcels abut residential property and the acquisition of these parcels will provide a buffer from Eagle Park.
Davis introduced Res. 07-16, read by title only, moved to waive the required readings and declare an emergency. Hofstetter seconded. Roll Call: All Yeas (6).
Klein moved to pass Res. 07-16, seconded by Davis. Roll Call: All Yeas (6).
Resolution 07-17: Naming the Village’s Woodsong Drive Park the “George Knox Park”, and Declaring an Emergency.
Davis introduced Res. 07-17, read by title only, moved to waive the required readings and declare an emergency. Jemison seconded. Roll Call: All Yeas (6).
Wallace moved to pass Res. 07-17, seconded by Hofstetter. Roll Call: All Yeas (6).
Resolution 07-18: Requesting the Geauga County Auditor to Certify the Total Tax Valuation of the Village and the Dollar Amount Revenue that would be Generated by a Renewal of the Existing Tax Levy for Ambulance Services, and Declaring an Emergency.
Blue introduced Res. 07-18, read by title only, moved to waive the required readings and declare an emergency. Wallace seconded. Roll Call: All Yeas (6).
Hofstetter moved to pass Res. 07-18, seconded by Jemison. Roll Call: All Yeas (6).
Ordinance 07-116: Adopting the Revised Zoning Map Prepared by the Village Engineer as of March 29, 2007 as the Official Zoning District Map.
Davis introduced Ord. 07-116, read by title only, and moved to place it on first reading. Jemison seconded. Roll Call: All Yeas (6).
Ordinance 07-117: Authorizing the Promotion of Dawn Marie White from Part-Time Dispatcher to Full-Time Dispatcher, Establishing Compensation, and Declaring an Emergency.
Blue introduced Ord. 07-117, read by title only, moved to waive the required readings and declare an emergency. Davis seconded. Roll Call: Yeas (6).
Klein moved to pass Ord. 07-117, seconded by Davis. Roll Call: All Yeas (6).
Ordinance 07-118: Amending Existing Section 147.03 of the Codified ordinances to Establish Extra Holiday Pay for Certain Holidays for Part-Time Employees of the Police Department, and to Make Certain Corrective Technical Amendments.
Lee stated this is a request from Chief Stehlik for part-time employees only. Jim Linberg questioned if this is an industry standard noting he hasn’t heard of this for part-time employees. Chief stated this affects Thanksgiving Day, Christmas Day, and New Year’s Day, which are the holidays he has the most difficulty in scheduling employees. Lee stated most industries close during these holidays and, since the Village has to operate year-round, the Village will save money on payroll with a part-time employee working those holidays.
Davis introduced Ord. 07-118, read by title only, and moved to place it on first reading. Hofstetter seconded. Roll Call: All Yeas (6).
Ordinance 07-119: Awarding, Subject to Specified Contingencies, a Contract for the Provisions of Emergency Medical and Ambulance Services to Community Care ambulance Network for the Period January 1, 2008 Through December 31, 2012, and Declaring an Emergency.
Weir stated Middlefield Township Trustee, Bob Troyer, contacted him today stating the trustees have no issues with this contract, and the lease arrangement with the Township Trustees have been agreed upon by both parties. Lee advised council the previous contract is an aggregate amount with a 2% increase per year. This contract begins at $50,000.00 with a 3% increase per year. Weir stated Rural Metro showed no interest in bidding this contract.
Chief Reed questioned if the contract has changed regarding the availability of units stating he has issue with Community Care stating they’ve reduced their stats for mutual aid to an average of one time per month. Chief Reed stated there’s no assigned supervisor in the area and the fire department doesn’t have anyone to contact with issues. Lee stated the provisions are the same. Weir stated he’s not aware of any issues with Community Care Ambulance. Lee stated the Village receives monthly reports from Community Care Ambulance and suggested Chief Reed and Chief Stehlik compare it with the dispatch report. Chief Reed stated it was his understanding that the contract stipulated a unit is dispatched with a fire truck and this hasn’t been happening. Lee stated the existing contract and the proposed contract has a clause stating Community Care Ambulance “…to provide an ambulance to the scene of a fire, traffic accident, or other life threatening incident located in Middlefield, at no additional charge, if specifically requested to do so by the fire department or by the police department…” Also, “…the ambulance is to remain at the scene until released by the officer in charge…” Lee advised Chief Reed to notify the Village Administrator if Community Care Ambulance doesn’t comply with the contract.
Blue introduced Ord. 07-119, read by title only, moved to waive the required readings and declare an emergency. Hofstetter seconded. Roll Call: All Yeas (6).
Hofstetter moved to pass Ord. 07-119, seconded by Davis. Roll Call: All Yeas (6).
Ordinance 07-120: Approving the Amendment to Section VI, E, Authorizing Statement to Designate of the Current Approved Solid Waste District Management District.
Lee stated this is an amendment to the authorization statement for the waste management district. Lee stated a “loophole” in their plan allows waste haulers who are dumping their waste outside of the state to avoid paying tipping fees. The waste management district is requesting support of this amendment allow them to charge a tipping fee. Lee stated this doesn’t affect our service it only allows them to collect additional revenue from the waste haulers.
Davis introduced Ord. 07-120, read by title only, and moved to place it on first reading. Wallace seconded. Roll Call: All Yeas (6).
SECOND READING – none before Council.
THIRD READING
Eagle Park “Sprayground” - Discussion held regarding the differences between the two options of the spray units and pads. Blue stated it was his understanding the pads were made from the same material as all-weather tracks. Hatch stated that all the pads are textured concrete.
Mayor Poole read a letter from Nancy E. White stating she’s against the splash park at Eagle Park due to the high cost, as well as, the limited use. White stated in her letter the splash park will accommodate small children only and because of the wastewater treatment plant expansion and the impending water treatment plant improvements, “…it’s not fiscally responsible to spend money on something so few of our residents will enjoy…” White stated she feels this money could be utilized more effectively if council would begin the first stages of a community recreation building/multi-purpose building to be used year round and that all residents of the Village could enjoy. White also noted in her letter she has seen only one article in the Maple Leaf regarding this splash park and doesn’t believe the majority of the Village residents know about this large expenditure. White stated the current project doesn’t address continuing seasonal maintenance or monitoring expenses for the park.
Mayor Poole referred to the estimated operating costs calculated by the Village Administrator such as insurance, mowing, trash collection, and landscape maintenance, which will be basically the same regardless of which alternative is approved Regarding the operation of the water park the estimated cost is $1,600.00 to treat and maintain the water.
Hofstetter stated the additional $190,000.00 for the larger splash pads is a lot of extra money and believes the money could be better spent elsewhere.
Lee stated there’s a letter from the attorney representing Platform Cement Inc, (alternate 1) threatening to sue the Village if councils awards the contract to Astro Pool Company (alternate 2) on the theory that the one bid is in excess of 10% of the engineer’s estimate. Lee stated Platform Cement is the high bidder on both components of the project, and the low on the first component of the project. Lee responded stating there is no basis for his claim because their bid included the 10% and the Village has an ordinance allowing council to accept bids in excess of 10% of the engineer’s estimate. Lee stated he hasn’t had any further contact from this attorney.
Blue stated he has 2 main concerns because this park is unsupervised: 1) the issue of standing water in the pad and was told there would be no chance of standing water and, 2) a child falling and getting hurt. Blue stated he thought the pad was a soft surface.
Weir stated he discussed the splash park with our insurance company and was told insurance companies are in support of these types of parks versus a pool due to the fact there’s no liability cost involved with these parks. Blue questioned if an all-weather surface is an option. Hatch stated the splash pad project has been discussed for several months and she questioned several park districts that have these splash pads as to what problems could be expected. Hatch stated no one stated injury as an issue, and once these parks become supervised is when the liability becomes an issue. Hatch stated the splash park is similar to the skate park, which is also unsupervised.
Davis stated she supports the splash pad because council promised the residents that we were going to build a recreation center and that would have cost approximately $7 million including a pool, with an additional $1.5 million annually to operate. Davis stated since the Village can’t afford that option this is a much better way to fulfill council’s promise to provide more recreation facilities for the Village. Davis stated council decided to save $100,000.00 per year for recreation center construction. When Eagle Park became a focus for improvements, council wanted to provide a nice park.
Resolution 07-12A: Authorizing the Village Administrator to Enter into a Contract with Platform Cement, Inc., for the Eagle Park “Splashground” Equipment, in the Total Amount of $246,000.00 (Alternate 1/Base Bid), and Declaring an Emergency.
Hofstetter introduced Res. 07-12A, read by title only, and moved to place it on second reading.
Motion fails for lack of a second.
Resolution 07-12B: Authorizing the Village Administrator to Enter into a Contract with Astro Pool Company, Inc., for the Eagle Park “Splashground” Equipment, in the Total Amount of $435,600.00 (Alternate 2/Full Bid).
Klein introduced Res. 07-12B, read by title only and moved to place it on third reading. Wallace seconded. Roll Call: Yeas (3). Nays: Hofstetter, Jemison, Blue.
Mayor Poole – Yea. Motion passes.
Blue moved to recess at 8:35 p.m.
The meeting reconvened at 8:39 p.m.
Klein moved to pass Res. 07-12B and declare an emergency, seconded by Wallace. Roll Call: Yeas (4). Nays: Jemison, Hofstetter.
Ordinance 07-111: Authorizing Various Activities Related to the Middlefield Community Days Event, Waiving the Prohibitions of the Codified Ordinances Regarding Same.
Wallace introduced Ord. 07-111, read by title only, and moved to place it on third reading. Blue seconded. Roll Call: All Yeas (6).
Davis moved to pass Ord. 07-111, seconded by Blue. Roll Call: All Yeas (6).
Ordinance 07-112: Authorizing and Directing the Village Fiscal Officer to Make Payment to the Cardinal School District, in the Amount of $40,436.32, in Compliance with the Village’s 2005 Revenue Sharing Obligations, as Mandated by Section 5709.82(C)(2) of the Revised Code.
Klein introduced Ord. 07-112, read by title only, and moved to place it on third reading. Wallace seconded. Roll Call: All Yeas (6).
Davis moved to pass Ord. 07-112, seconded by Hofstetter. Roll Call: All Yeas (6).
Ordinance 07-113: Authorizing and Directing the Village Fiscal Officer to Make Payment to the Cardinal School District, in the Amount of $40,475.58, in Compliance with the Village Revenue Sharing Obligations Mandated by Section 5709.82(C)(2) of the Revised Code for the 2006 Tax Year.
Jemison introduced Ord. 07-113, read by title only, and moved to place it on third reading. Wallace seconded. Roll Call: All Yeas (6).
Klein moved to pass Ord. 07-113, seconded by Blue. Roll Call: All Yeas (6).
Ordinance 07-115: Accepting a Portion of Almeda Drive for Dedication Purposes Pursuant to Section 1119.11 of the Codified Ordinances and Section 723.03 of the Revised Code.
Weir stated the school has signed and returned the plat. Discussion held regarding the proposed improvements.
Davis introduced Ord. 07-115, read by title only, and moved to place it on second reading. Hofstetter seconded. Roll Call: All Yeas (6).
Klein moved to pass Ord. 07-115, seconded by Wallace. Roll Call: All Yeas (6).
ENGINEER’S REPORT
1. Easton Leasing pay request #1 for Eagle Park infrastructure – Davis moved to authorize pay request #1 to Easton Leasing for the Eagle Park Infrastructure project, in the amount of $12,573.70, seconded by Wallace. Roll Call: All Yeas (6).
2. Northview Drive – Provost stated he’s preparing cost estimates for the complete removal and replacement of the broken concrete portion of the street.
OLD BUSINESS – none before council.
NEW BUSINESS
1. Jack Gibson Construction WWTP expansion pay request #13 – Weir stated this pay request represents work completed as of March 31, 2007. Blue moved to authorize pay request #13 to Jack Gibson Construction, in the amount of $473,075.32, for the WWTP expansion project, seconded by Davis. Roll Call: All Yeas (6).
2. Draft Comprehensive Plan presentation – Northstar Planning representative, Mark Majewski, reviewed the draft copy of the comprehensive plan. Majewski reviewed a few key issues for discussion such as the area at the intersections of Rt. 528 & Rt. 87 where Majewski stated could be some limited amount of commercial development, traffic control, proposals for residential development and commented in the plan on the impact that would have on the community.
Majewski stated the area at Rt. 528 & Rt. 608 falls off into the next watershed and maybe more difficult to reach in regards to sanitary sewers and found this wouldn’t be suitable for industrial development as stated in the previous plan. Majewski stated an area west of Rt. 608 and south of Georgia Rd. could be suitable for future industrial development. However, due to the location of airport, the extension of Georgia Rd. for this proposed development won’t be an easy project. Davis stated the extension of Georgia road is an interesting concept. Lee stated he’s apprehensive about including issues in the Village’s comprehensive plan that would contemplate moving the airport. Lee advised the airport authority submitted to FAA a concept plan for another runway, which prevented the Village from receiving funding for a proposed truck route in the industrial park. Lee stated he’d forward a copy of plans to Majewski. Majewski stated he wouldn’t include this in the final plan. Lee stated if Federal Improvement would get a major industrial tenant to build by Rt. 528, a lot of the funding is available.
Fire Chief Reed requested an additional access road be included in the plan for emergency traffic in the Woodsong Development and the Glen Valley Farms Development. Each of these developments has one way in and out. Klein stated Chief Reed raises a good point. Majewski stated he’s indicated the Miller/Johnson property on Lake Ave., if annexed, is suitable for moderate density housing and has included a possible street pattern that could connect to Woodsong.
Lee stated the concept of the southwest bypass should be included in the plan as a possible connection to Woodsong, which would be good to have in a planned document for future Village officials. Also, while the Woodsong residents don’t want a public access and council has indicated they will respect those wishes, it may make sense to have land dedicated so additional accesses could be built without destroying houses even if they’re never built. The option of having that potential traffic pattern makes sense because of current and future development. Lee stated the developer for the Northview Development didn’t want a public connection, but because a piece of land was dedicated and a house not built on that land, the connection was made to the benefit of the residents.
In the proposal, Majewski stated there are areas trapped between Tare Creek Parkway and higher density housing, giving Village Officials cause to consider future density or land use. There’s some logic to constructing higher density housing on both sides of Tare Creek Parkway. Lee stated because the Village has resisted high-density housing in the past, it would be preferable if the plan discusses future moderate density housing.
Referring to the northwest quadrant Majewski noted the City of Akron owns several properties, which several are flood plains. In the interest of all of the property owners, perhaps its time to negotiate the development of that area with the interest of protecting Tare Creek and the water shed. This would be a nice recreational area. Discussion held regarding portions of that area that are protected wetlands.
Majewski will present the draft comprehensive plan to the planning commission at their May meeting.
3. Municipal Parking Lot – Weir stated it has been discussed with council in the past to remove and replace the Village’s portion of this parking lot. However, the Village portion abuts the private portions of this lot, which are also in need of repair. Weir stated it’s his understanding that in the past the Village has repaired the lot regardless of ownership. When the Village widened E. High Street, it removed parking areas in front of these businesses and allowed the businesses to use the municipal parking lot for their customers. There’s no formal agreement stating the Village would maintain the parking lot. To clarify this situation, Weir is requesting council consider platting the area, have the property owners sign off on the plat, and dedicate the parking lot to the Village. Weir stated to only replace the Village portion of this parking lot doesn’t make sense.
Hofstetter stated the former Spector building is the only one with any significant property. The other businesses only have a few feet, and Hofstetter agrees with Weir’s proposal. Weir stated Joe Montana, who owns the Spector building, is concerned that the Village would require him to replace the parking lot. Weir stated the Village maintains the entire parking lot and it should be dedicated for public use.
Lee stated council needs to consider the concept of developing what’s essentially private property that benefits businesses versus not developing it and forcing the parking lot to close. Lee stated in order to create turn lanes on Rt. 87 and Rt. 608, the Village removed the street parking in front of these businesses. Also, if by assessment or forcing the private property owners to repair the parking lot, or if the Village closes the parking lot for repairs, this shifts the burden of these repairs onto the businesses. If these are thriving businesses it’s not an issue. However, this is not the wealthiest part of the Village commercially speaking and, by not supporting this endeavor; it affects the center of town. The public interest is to keep the older historic commercial part of the Village viable and by supporting those businesses. Lee advised from a legal standpoint is not to let this issue die. This parking lot, which the Village is part owner of, is in very bad disrepair and, because the Village has patched it over the years it’s now time to either fix it right or close it. Klein stated he’s also in favor of Weir’s proposal. Klein stated this has been discussed with the planning commission and the streets committee, and both groups agree this is an important issue to consider.
Blue stated the Village discontinued the manure cleaning service because it was aiding businesses and questioned if the Village could sell this parking lot to the businesses that utilize it, or assess them for the repairs. Hofstetter stated there isn’t a formal agreement between the Village and the property owners regarding maintenance of the parking lot, and when the Village removed the street parking, the businesses didn’t object because they were told they could use the municipal parking lot. Hofstetter noted that none of the business owners have objected to common area maintenance stipend because the Village owns 95%-98% of the parking lot. Blue suggested the Village fix it and sell it with understanding that the business owners would take it over. Hofstetter stated it would be easier if the Village calculated a common area maintenance figure because there are multiple ownerships.
Streets Director Ehrhart stated the condition of the parking lot is a result of neglect, is beyond repair, and needs to be completely removed and replaced. Ehrhart stated there will be problems with drainage issues. Weir stated the municipal parking area is a nice part of the downtown property and to abandon a piece of property in the center of downtown is poor planning. The businesses may leave which will give the Village the opportunity to have that entire corner. Lee stated the Middlefield Bank Center was developed because the Village owned the B&O right-of-way and because the Village owned a key piece of land, we were able to have input on how that area was developed. It is the consensus of council for Weir to discuss the parking lot dedication with the property owners.
Klein moved to direct Provost to prepare plans and specs for the municipal parking lot improvements as if the Village owned the area, seconded by Davis. Roll Call: Yeas (4). Nays: Blue. Abstain: Hofstetter.
4. Improvements to the Downtown Intersection – Weir stated O.D.O.T. has planned improvements to Rt. 608 that have been rescheduled for 2008. Currently in the downtown intersection the traffic signals are suspended on wires attached to wooden poles. Weir suggests eliminating some of the wooden poles and installing 2 poles with double mast arms. There are decorative styles that would match the downtown light poles. Our current loop detection is underground and the Village can purchase camera loop detection, which would be mounted on the mast arms. Ehrhart stated with Amish buggy traffic, the Village has had to replace the underground loop detection several times, at a cost of $3,000.00 each repair. Ehrhart was told video detection will replace underground loop detection in the near future. Also, Ehrhart stated many times the Amish buggies don’t have enough metal on them to trip the underground detection. The video will detect movement to operate the traffic signals. It is the consensus of council to proceed with the decorative mast arms and video detection proposal presented by Weir.
5. Feral cats - Weir stated this has been an on-going and growing problem in the Village. He discussed this issue with the Geauga County Humane Society’s Rescue Village and was informed they have a $500.00 grant that will enable them to alter a minimum of 20 cats in a mobile clinic. Weir stated Rescue Village will provide humane traps to the Village for capture of the cats. The Rescue Village representative told Weir because these cats are territorial, they cannot be taken out of the area and, therefore, they will be altered and then released back into the Village. Residents providing food for them exacerbate the problem with these cats, and Rescue Village is addressing one Village resident in particular. Fire Chief Reed stated the mobile clinic may utilize the fire department parking lot for this endeavor.
6. Truck replacement – Ehrhart stated this will replace the 2000 truck. Ehrhart presented the bid sheets to the streets committee and the utilities committee, and both groups recommend the purchase of a 2008 pickup truck with plow through the State Purchasing Program. Davis moved to direct the Village Administrator to proceed with the purchase of a 2008 Ford 250 Pickup Truck, with plow, through the State Purchasing Program, seconded by Hofstetter. Roll Call: All Yeas (6).
Committee Reports – included in the council packet.
At 10:15 p.m. Blue moved to adjourn into executive session for purposes of pending litigation and the creation of a new position in the police department. Hofstetter seconded. Roll Call: All Yeas (6).
The meeting reconvened at 10:45 p.m. and, being no further business at this time, Klein moved to adjourn.