July 5, 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 - Solicitor, B. Provost – Village Engineer, S. Roessner – Zoning Inspector, C. Ehrhart – Director of Streets & Utilities, Police Chief Stehlik, M. Bryson – Cemetery Sexton, Carl Hornung, John Borkholder, Ann Wishart – Maple Leaf and Ben Nicastro – Airport Authority.
Agenda: Add to New Business: Jack Gibson Construction pay request #16
Add to First Readings: Res. 07-29
Ord. 07-130
Add to Public Participation: Ben Nicastro - Airport Authority
Minutes of June 7, 2007 meeting were presented for approval. Hofstetter moved to approve the minutes as presented. Blue seconded. Roll Call: All Yeas (6).
Payment of Bills Totaling $303,118.06 was presented for payment. Davis moved to authorize the payment of bills totaling $303,118.06. Wallace seconded. Roll Call: Yeas (6).
Director of Streets and Utilities Report – June: Ehrhart reported the service crew has performed storm sewer maintenance and ditch cleaning, park and ball field maintenance, hydrant maintenance, watering of flowers, monthly brush chipping, routine equipment maintenance at the WTP and the WWTP, and routine vehicle maintenance. Davis questioned if all of the tree lawn restoration is complete on S. State Ave. Weir stated he isn’t satisfied with the way the tree lawns look and has been in contact with the contractor regarding this matter.
Police Report – June: Included in the council packet.
Zoning Inspector’s Report – June: Roessner stated all temporary occupancy permits expired July 1, 2007. Routine site inspections were performed and notices mailed to various contractors addressing the issues.
Recreation Director’s Report – June: included in the council packet.
Cemetery Report for 2006: included in the council packet. Bryson stated she had many complaints regarding the cemetery not being mowed before Memorial Day. Mayor Poole complimented Bryson on her reports.
Bryson stated she discussed with Weir regarding the wages for cemetery sexton. Bryson stated she’s been correcting many past mistakes on the deeds and questioned what Council expects from this position. Bryson has discussed a salary increase with Weir, and would like council to discuss this issue. Bryson stated her workload has increased in the past 2 years. Also, Bryson stated she receives many calls regarding where people are buried and suggested placing small maps at the cemetery. Blue questioned if the cemetery map could be placed on the Village’s website. Bryson stated the zoning inspector is preparing new maps of the cemetery.
Bank Report – May: included in the council packet.
Financial Report – May: included in the council packet.
Investment Report – May: included in the council packet.
Detail Trial Balance – May: included in the council packet.
CCA Report – May: included in the council packet.
PUBLIC PARTICIPATION
Geauga Co. Airport Authority – Ben Nicastro reviewed the minutes from March and April. The board is currently waiting for approval from the FAA regarding the airport layout plans. Medivac stated they will renew their contract with the airport.
The underground detention project should begin in May.
The State audit for years 2004 and 2005 was conducted and all in good order. The board has had problems with the septic line freezing and is still looking into how to correct that issue.
Mayor Poole administered the Oath of Office to Officer Nick Divita. Chief Stehlik stated Divita is being trained as a canine officer, which the Village hasn’t had since 1990.
Mayor Poole administered the Oath of Office to Corporal Edward Samec, Jr.
FIRST READING
Resolution 07-25: Authorizing and Directing the Payment of $86,093.00 to the Ohio Department of Transportation to Provide Partial Funding for the Kraftmaid Turn Lane, and Declaring an Emergency.
Weir stated this cost will be split the Geauga Co. Commissioners.
Klein introduced Res. 07-25, read by title only, moved to waive the required readings and declare an emergency. Wallace seconded. Roll Call: All Yeas (6).
Blue moved to pass Res. 07-125 seconded by Hofstetter. Roll Call: All Yeas (6).
Resolution 07-26: Authorizing the Village Administrator to Enter into a Contract with Abcon, Inc. for Installation of Landscaping at Eagle Park, in the Total Amount of $63,821.80, and Declaring an Emergency.
Jemison questioned if this landscaping project will buffer the residents from the park, and stated she believes the Village owes the residents on Springdale Ave. privacy. Lee stated since this project has been advertised, council cannot change the project. Council’s option is to reject all bids and re-bid the project, or accept the bid as presented. Weir stated the playground equipment is located in an area away from the houses, and noted this project will need to be completed to see if the activity in the park will require buffering.
Discussion held regarding the former C & E right-of-way. Provost stated the Village has permission to go onto the property contained in the easement rights with the City of Akron. Provost stated this landscape plan is the same plan that was presented and reviewed months ago. Mayor Poole agrees with Jemison that the Springdale residents need buffered from the park activity, and also agrees with Weir to wait until the project is complete.
Davis introduced Res. 07-26, 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. 07-26, seconded by Davis. Roll Call: All Yeas (6).
Mayor Poole deviated from the agenda for the Public Hearing.
2008 Tax Budget - Mayor Pooleopened the public hearing at 8:10 p.m. Hearing no comments from those in attendance, Mayor Poole closed the public hearing at 8:11 p.m.
Resolution 07-27: Authorizing the Village Administrator to Enter into a Contract with Ohio Paving and Construction Co., Inc. for Construction of the Eagle Park Walkways, in the Total Amount of $86,311.25, and Declaring an Emergency.
Jemison questioned where the walkways are located within the park. Mayor Poole stated these walkways are located throughout the park, tying in all the various components of the park.
Davis introduced Res. 07-27, read by title only, moved to waive the required readings and declare an emergency. Klein seconded. Roll Call: All Yeas (6).
Wallace moved to pass Res. 07-27, seconded by Klein. Roll Call: All Yeas (6).
Resolution 07-28: Authorizing the Village Administrator to Enter into a Contract with Mr. Excavator, Inc., for Construction of the Northview Drive Improvements, in the Total Amount of $284,581.07, and Declaring an Emergency.
Provost stated this project consists of replacing the concrete pavement from Rt 87 to the first turn. Also, beyond the catch basins to the cul-de-sac are deteriorating and undermining the road. The remaining portion of the project will correct those issues and various areas.
Hofstetter introduced Res. 07-28, read by title only, and moved to place it on first reading. Davis seconded. Roll Call: All Yeas (6).
Blue moved to pass Res. 07-28, seconded by Davis. Roll Call: All Yeas (6).
Ordinance 07-128: Authorizing the Promotion of Staff Sergeant Michael Fabian to the Position of Lieutenant, with Six Months Probation, at an Annual Salary of $57,000.00, Authorizing Annual Vacation of 120 Hours with Pay, and Declaring an Emergency.
Blue introduced Ord. 07-128, read by title only, moved to waive the required readings and declare an emergency. Davis seconded. Roll Call: Yeas (6).
Blue moved to pass Ord. 07-128, seconded by Hofstetter. Roll Call: All Yeas (6).
Ordinance 07-129: Amending Existing Section 147.06(b) and 147.06(c) of the Codified Ordinances to Reflect an Increase in the Mileage Reimbursement Available from the Village.
Lee stated this reflects existing IRS rates, but doesn’t tie the Village indefinitely to any future rate changes. Also, there is a $100.00 cap on travel expenses.
Davis introduced Ord. 07-129, read by title only, and moved to place it on first reading. Hofstetter seconded. Roll Call: Yeas (6).
Resolution 07-29: Authorizing the Village Administrator to Purchase from Valley Ford Truck a 2008 Ford Truck to Replace the Vehicle Destroyed by Fire, at a Total Price of $38,606.00, and Declaring an Emergency.
Lee stated this vehicle was purchased pursuant to the State of Ohio Bid Program.
Davis introduced Res. 07-29, read by title only, moved to waive the required readings and declare an emergency. Hofstetter seconded. Roll Call: All Yeas (6).
Wallace moved to pass Res. 07-29, seconded by Jemison. Roll Call: All Yeas (6).
Ordinance 07-130: Accepting for Dedication the Dedication Plat for Municipal Parking.
Weir stated this outlines the areas of the parking lot to be dedicated for public use. This follows the same procedure Council approved for Almeda Drive. Lee stated having the municipal parking lot dedicated as public use will enable the Village to maintain it properly. Also if, in the future, the Village deems it necessary to close the parking lot, it will be easier to do under the statute. Provost stated the repairs to the parking lot would cost approximately $300,000.00. Discussion held.
Davis introduced Ord. 07-130, read by title only, and moved to place it on first reading. Wallace seconded. Roll Call: Yeas – 4. Nays – Blue. Abstain: Hofstetter.
SECOND READING
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.
Blue introduced Ord. 07-121, read by title only, and moved to place it on second reading. Wallace seconded. Roll Call: All Yeas (6).
THIRD 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.
Wallace introduced Ord. 07-116, read by title only, and moved to place it on third reading. Blue seconded. Roll Call: All Yeas (6).
Klein moved to pass Ord. 07-116, seconded by Jemison. 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.
Klein introduced Ord. 07-118, read by title only, and moved to place it on third reading. Blue seconded. Roll Call: All Yeas (6).
Hofstetter moved to pass Ord. 07-118, 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.
Wallace introduced Ord. 07-120, read by title only, and moved to place it on third reading. Blue seconded. Roll Call: All Yeas (6).
Hofstetter moved to pass Ord. 07-120, seconded by Davis. Roll Call: All Yeas (6).
ENGINEER’S REPORT
1. Easton Leasing Pay Request #2 - Provost stated this pay request represents 50% of the contract; the restrooms will be delivered in 2 weeks. Blue move to authorize pay request #2 to Easton Leasing for the Eagle Park Infrastructure project, in the amount of $63,249.65, seconded by Wallace. Roll Call: All Yeas (6).
OLD BUSINESS – none before council.
NEW BUSINESS
1. Liquor Control Permit Renewal Objection Process - Weir stated this is an annual notice of the expiring liquor permits. Also included is the objection process. Lee stated the basis for objection is prostitution, bar fights, etc., which the Village doesn’t experience on a regular basis.
2. Letter from Christ Covenant Church – Weir stated the Church applies a liquid emulsion to their driveway and, because the Village uses their field for recreation programs, they’re requesting the Village help pay for a portion of this cost. Weir stated the Village service crew mows the field and the Village recreation department provides portable comfort stations at this location. Lee stated in order for the Village to pay for this, it needs to be a Village project and the Village must have control of the project. Weir to reply to the Church with Council’s position on this matter.
3. Sunshine Law Changes – Lee stated there has a significant increase in the public records responsibility, including a records retention policy modeled by the Attorney General must be adopted by the Village and all public officials must attend Public Records training. This becomes effective in September.
4. Jack Gibson Construction Pay Request #16 – Blue moved to authorize pay request #16 to Jack Gibson Construction, in the amount of $298,944.22, seconded by Wallace. Roll Call: All Yeas (6).
Committee Reports – included in the council packet.
CALENDAR – no changes.
At 9:50 p.m. Hofstetter moved to adjourn into executive session for purposes of pending litigation, land acquisition, and personnel retirement. Klein seconded. Roll Call: All Yeas (6).
The meeting reconvened at 10:39 p.m. and, being no further business at this time, Klein moved to adjourn.