June 7, 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., Adam Cornett – Taft, Stettinius & Hollister, B. Provost – Village Engineer, S. Roessner – Zoning Inspector, C. Ehrhart – Director of Streets & Utilities, Police Chief Stehlik, M. Hatch – Recreation Director, Lynda Nemeth – Director of the Geauga Co. Tourism Council, Sharon Grover – Geauga Co. Tourism Council, Tina Moody, Carl Hornung, John Borkholder, Dick Nordeen, Ann Wishart – Maple Leaf and Jennifer McKevitt – News Herald.
Agenda: Add to New Business – service truck replacement
Add to First Readings - Ord. 07-125
- Ord. 07-126
- Ord. 07-127
- Res. 07-24
Minutes of May 3, 2007 meeting were presented for approval. Hofstetter moved to approve the minutes as amended. Davis seconded. Roll Call: All Yeas (6).
Payment of Bills Totaling $478,635.59 was presented for payment. Blue moved to authorize the payment of bills totaling $478,635.59. Klein seconded. Roll Call: Yeas (6).
Director of Streets and Utilities Report – May: Village lawn maintenance, park & ball field maintenance, meter replacement and repairs, hydrant maintenance, monthly brush chipping, routine equipment maintenance at the WTP and the WWTP, and routine vehicle maintenance.
Police Report – May: Included in the council packet.
Zoning Inspector’s Report – May: included in the council packet.
Recreation Director’s Report – May: included in the council packet. Hatch reported the spring activity guide will be mailed next week, and has added an introduction to golf program and an introduction to track program.
The disc golf park is almost fully operational. The trash cans, grills and the sign board with the rules need to be installed. The George Knox family members will donate plants for landscaping. Hatch stated professional disc golfers will be in attendance during Community Days and will perform demonstrations. Discs with “George Knox Park” printed on them will be ordered.
The dugouts at Marcu Field have been stabilized and Hatch has been in contact with Tim Yoder and Steve Marcu regarding the additional repairs for these dugouts. Mayor Poole requested Hatch contact Tim Yoder to discuss the construction of our new ball field at N. Thompson.
Hatch stated the first weekend in June was the Geauga Maple Leaf Softball Tournament and thanked service crew member, Amos Gingerich, and recreation activities coordinator, Jon Cummins, who dedicated extra time to get the fields prepared after the rain.
Ambulance Report – May: included in the council packet.
Bank Report – April: included in the council packet.
Financial Report – April: included in the council packet.
Investment Report – April: included in the council packet.
Detail Trial Balance – April: included in the council packet.
CCA Report – April: included in the council packet.
PUBLIC PARTICIPATION
Mayor Poole stated he attended a meeting this afternoon with Gov. Strickland. The governor discussed his program to provide health care for Ohio’s children. Also, parents who qualify will be able to purchase health care through Medicaid. Gov. Strickland is getting support of the State Senate and encouraged all who are in support of this program to call Rep. Matt Dolan and/or Senator Tim Grendell.
Geauga County Tourism Council– Sharon Grover, President of GCTC, and Lynda Nemeth, Director of GCTC, presented their overview of the GCTC’s program.
Established in 1980 to draw more visitors to Geauga County, the GCTC is supported by the Geauga County bed tax, which provides approximately $65,000.00 annually. Currently there are 13 board members, over 137 members, with the first Amish member joining in 2006. Grover presented all of the many aspects of Geauga County and the GCTC’s goal for the future.
FIRST READING
Resolution 07-19: Authorizing the Village Administrator to Enter into a Contract with Shook, Inc. Northern Division for Improvements to the Village’s Water Treatment Plant, in the Total Amount of $4,801,400.00, and Declaring an Emergency.
Davis introduced Res. 07-19, read by title only, moved to waive the required readings and declare an emergency. Blue seconded. Roll Call: All Yeas (6).
Hofstetter moved to pass Res. 07-19, seconded by Wallace. Roll Call: All Yeas (6).
Resolution 07-20: Authorizing the Village Administrator to Enter into a Contract with Perram Electric, Inc. for Traffic Signal Installation at the SR 608/87 Intersection, in the Total Amount of $132,985.60, and Declaring an Emergency.
Klein introduced Res. 07-20, read by title only, moved to waive the required readings and declare an emergency. Davis seconded. Roll Call: All Yeas (6).
Hofstetter moved to pass Res. 07-20, seconded by Wallace. Roll Call: All Yeas (6).
Resolution 07-21: Authorizing the Village Administrator to Enter into a Contract with Phillip Miller Construction, Inc. for Construction of the North Thompson Sports Park Ball Field, in the Total Amount of $154,970.00, and Declaring an Emergency.
Provost stated this contract is to grade the area for a future ball field and for the construction of a small pavilion. This project will be complete this fall, but the ball field construction and the soccer field/flag football field construction isn’t part of this contract. Discussion held regarding design and cost estimate for a ball field and drainage.
Davis introduced Res. 07-21, read by title only, moved to waive the required readings and declare an emergency. Klein seconded. Roll Call: All Yeas (6).
Klein moved to pass Res. 07-21, seconded by Hofstetter. Roll Call: All Yeas (6).
Resolution 07-22: Authorizing the Village Administrator to Purchase a 2008 Ford 250 4X4 Truck from 32 Ford Through the Ohio Cooperative Bid Program, for a Total Price of $25,493.50, and Declaring an Emergency.
Davis introduced Res. 07-22, read by title only, and moved to place it on first reading. Klein seconded. Roll Call: All Yeas (6).
Wallace moved to pass Res. 07-22, seconded by Jemison. Roll Call: All Yeas (6).
Resolution 07-23: Declaring it Necessary to Renew the Levy of a Tax in Excess of the Ten Mill Limitation for Ambulance Service, Emergency Medical Service or Both, and Declaring an Emergency.
Hofstetter introduced Res. 07-23, read by title only, moved to waive the required readings and declare an emergency. Blue seconded. Roll Call: Yeas (6).
Davis moved to pass Res. 07-23, seconded by Hofstetter. Roll Call: All Yeas (6).
Ordinance 07-121: Approving the Editing and Inclusion of Certain Ordinances as Parts of the Various Component Codes of the Codified Ordinances of the Village of Middlefield, Ohio.
Davis introduced Ord. 07-121, read by title only, and moved to place it on first reading. Wallace seconded. Roll Call: All Yeas (6).
Ordinance 07-122: Amending Existing Section 139.01 of the Codified Ordinances to Provide for the New Position of Corporal, and Declaring an Emergency.
Blue introduced Ord. 07-122, read by title only, moved to waive the required readings and declare an emergency. Davis seconded. Roll Call: Yeas (6).
Davis moved to pass Ord. 07-122, seconded by Wallace. Roll Call: All Yeas (6).
Ordinance 07-123: Authorizing the Promotion of Officer Edward F. Samec, Jr. from the Position of Police Officer Class A to the Newly Created Position of Corporal, and Declaring an Emergency.
Blue introduced Ord. 07-123, read by title only, moved to waive the required readings and declare an emergency. Hofstetter seconded. Roll Call: Yeas (6).
Davis moved to pass Ord. 07-123, seconded by Wallace. Roll Call: All Yeas (6).
Ordinance 07-124: Authorizing the Retention by Kraftmaid Cabinetry of an Existing Temporary Office Trailer, and the Addition of an Additional Temporary Office Trailer, Pending Completing of the Planned Kraftmaid Office Expansion, and Declaring an Emergency.
Klein introduced Ord. 07-124, read by title only, moved to waive the required readings and declare an emergency. Davis seconded. Roll Call: All Yeas (6).
Klein moved to pass Ord. 07-124, seconded by Jemison. Roll Call: All Yeas (6).
Ordinance 07-125: Authorizing the Hiring of Toni L. Clawson as a Part-Time Dispatcher for the Village of Middlefield, Establishing Compensation, and Declaring an Emergency.
Blue introduced Ord. 07-125 read by title only, moved to waive the required readings and declare an emergency. Hofstetter seconded. Roll Call: Yeas (6).
Davis moved to pass Ord. 07-125, seconded by Hofstetter. Roll Call: All Yeas (6).
Ordinance 07-126: Authorizing the Hiring of Nick J. Divita to the Full-time Position of “Police Officer Class B”, Establishing the Compensation, and Declaring an Emergency.
Blue introduced Ord. 07-126, read by title only, moved to waive the required readings and declare an emergency. Davis seconded. Roll Call: All Yeas (6).
Davis moved to pass Ord. 07-126, seconded by Hofstetter. Roll Call: All Yeas (6).
Ordinance 07-127: Authorizing the Establishment of a “K-9 Unit” within the Village Police Department, and Declaring an Emergency.
Chief Stehlik stated part of his agreement with Officer Divita is for the Middlefield Village Police Department to have a K-9 unit, which will be functional by Jan. 1, 2008. The majority of the K-9 training will be donated by an agency that specializes in this and the dog will be trained in several aspects of police work. Chief stated currently our department uses the Geauga Co. Sheriff’s Dept. K-9 unit.
Mayor Poole questioned if Officer Divita will be relocating to this area. Chief Stehlik stated Officer Divita currently lives in Mayfield Hts. and doesn’t know officially if Divita is moving closer to Middlefield.
Blue introduced Ord. 07-127, read by title only, moved to waive the required readings and declare an emergency. Davis seconded. Roll Call: All Yeas (6).
Hofstetter moved to pass Ord. 07-127, seconded by Blue. Roll Call: All Yeas (6).
Resolution 07-24: Authorizing the Village Administrator to enter into a Settlement Agreement with G. R. Baker Holdings, LLC, and Declaring an Emergency.
Cornett explained this is a consent judgment between the Village and Dairy Queen regarding Dairy Queen’s total aggregate signage. Klein stated the Village’s appeals board doubled what was allowable, and this reduces that judgment to 59-feet.
Blue introduced Res. 07-24, read by title only, moved to waive the required readings and declare an emergency. Klein seconded. Roll Call: All Yeas (6).
Klein moved to pass Res. 07-24, seconded by Wallace. Roll Call: All Yeas (6).
SECOND READING
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 second reading. Hofstetter seconded. 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.
Davis introduced Ord. 07-118, read by title only, and moved to place it on second reading. Hofstetter seconded. 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.
Davis introduced Ord. 07-120, read by title only, and moved to place it on second reading. Hofstetter seconded. Roll Call: All Yeas (6).
THIRD READING – none before council.
ENGINEER’S REPORT – included in the council packet. Provost stated the bid openings for the walkways and the landscaping contracts at Eagle Park are next week. Discussion held regarding the current project. Provost stated the contractor is on schedule. Also, the restroom facility is being constructed off site. No contractor is permitted to begin a new phase until the previous phase is complete.
Phase 2 of the Wildwood Condominiums has begun.
OLD BUSINESS
1. Mayor’s Court – Weir stated the referendum petition hasn’t been filed with the Board of Elections due to the State’s proposed new law regarding Mayor’s Court, and is questioning if council is going to rescind the Mayor’s Court ordinance. Cornett stated a bill was introduced into the House of Representatives that would essentially abolish mayor’s courts. There’s a movement within Ohio against mayor’s court, within the Ohio judiciary system, and they’re disliked by the Ohio Supreme Court. When the law was established, it allowed mayor’s court for any community with a minimum of 100 residents. The new law amended that requirement to 1600 residents. However, the complete abolishment of mayor’s court is eminent. Klein stated it was his understanding this new law wouldn’t abolish the court, only change the name to “Community Court”, and would be run by a magistrate. Weir stated if council rescinds the Mayor’s Court ordinance, he’s uncertain if council could create a new court after this bill passes. Discussion held. Mayor Poole stated he met with Geauga Co. Commissioner, Bill Young, a few months ago and questioned if the county is going to take over the municipal court due to comments made by the City of Chardon regarding the high cost of operations. Davis stated the City of Chardon has stated municipal court is too expensive to operate versus the revenue it receives. Davis stated the County Commissioners don’t want to take it over, and Commissioner Craig Albert, a former municipal court judge, stated he believes it needs to be run more efficiently. Cornett stated if a community court is established, the magistrate is appointed by the County, and the magistrate’s salary, along with other mandatory expenses, would be paid by the Village. It is the consensus of council not to rescind the Mayor’s Court ordinance.
NEW BUSINESS
1. Jack Gibson Construction WWTP expansion pay request #14 – Weir stated this pay request represents work completed as of April 30, 2007. Also, upon 50% completion of this project, the Village must submit to OWDA for the retainage, which is placed in an escrow, interest-bearing account. The interest is paid to contractor. Klein moved to authorize pay request #14 to Jack Gibson Construction, in the amount of $403,050.00, for the WWTP expansion project, seconded by Wallace. Roll Call: All Yeas (6).
2. Inspection Service of Downtown Intersection – Weir stated he received a proposal for inspection services from Arcadis G&M for this project, which is a potentially complicated project. Hofstetter moved to accept the inspection services proposal from Arcadis G&M for the Rt. 608 & Rt. 87 intersection project, for the not to exceed cost of $18,000.00, seconded by Davis. Roll Call: All Yeas (6).
3. 2008 Tax Budget – A public hearing is scheduled for July 5, 2007, beginning at 8:00 p.m.
4. New Service Truck – Weir stated this new truck will replace the service truck that burned. This is a small dump truck valued at approximately $30,000.00. Due to council’s summer schedule, Weir is requesting authorization from council to move forward with a purchase agreement if an acceptable bid is presented. It is the consensus of council for Weir to proceed with this endeavor.
Committee Reports – included in the council packet.
CALENDAR
July 4 committee meetings - Streets & Sidewalks Committee and Finance & Ordinance Committee meetings are rescheduled to June 27, 2007.
At 8:54 p.m. Klein moved to adjourn into executive session for purposes of pending litigation. Davis seconded. Roll Call: All Yeas (6).
The meeting reconvened at 9:20 p.m. and, being no further business at this time, Davis moved to adjourn.